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Public Private Partnership
Request for Qualification
(No. 2020/Trans.Cell/Elect./Train/IX)
for
Passenger Train Operations
Cluster 9 (Secunderabad)
Ministry of Railways
Government of India
RFQ DOCUMENT
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) iii
Contents
Sl. No. Contents Page
No.
Request for Qualification 1
Disclaimer 3
Glossary 5
Invitation for Qualification 7
1 Introduction 9
1.1 Background 9
1.2 Brief description of Bidding Process 12
1.3 Schedule of Bidding Process 14
1.4 Pre-Application Conference 15
2 Instructions to Applicants 16
2A General 16
2.1 Scope of Application 16
2.2 Eligibility of Applicants 16
2.3 Change in composition of the Consortium 23
2.4 Number of Applications and costs thereof 24
2.5 Site visit and verification of information 24
2.6 Acknowledgement by Applicant 24
2.7 Right to accept or reject any or all Applications/ Bids 24
2B Documents 25
2.8 Contents of the RFQ 25
2.9 Clarifications 25
2.10 Amendment of RFQ 26
2C Preparation and Submission of Application 26
2.11 Language 26
2.12 Format and signing of Application 26
2.13 Submission of Applications 26
2.14 Application Due Date 29
2.15 Late Applications 29
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) iv
2.16 Modifications/ substitution/ withdrawal of Applications 29
2D Evaluation Process 2929
2.17 Opening and Evaluation of Applications 29
2.18 Confidentiality 29
2.19 Tests of responsiveness 31
2.20 Clarifications 32
2E Qualification and Bidding 32
2.21 Short-listing and notification 32
2.22 Submission of Bids 32
2.23 Proprietary data 32
2.24 Correspondence with the Applicant 32
3 Criteria for Evaluation 34
3.1 Evaluation parameters 34
3.2 Financial information for purposes of evaluation 34
3.3 Short-listing of Applicants 34
4 Fraud and Corrupt Practices 35
5 Pre-Application Conference 37
6 Miscellaneous 38
Appendices 39
I Letter Comprising the Application for Pre-Qualification 41
Annex – I Particulars of the Applicant 45
Annex – II Financial Capacity of Applicant 47
Annex – III Statement of Legal Capacity 50
II Power of Attorney for signing of Application and Bid 51
III Power of Attorney for Lead Member of Consortium 53
IV Joint Bidding Agreement 56
V Guidelines of the Department of Disinvestment 62
VI Operation and Maintenance Experience 64
VII Details of Clusters 66
VIII List of Application-specific provisions 66
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 1
Request for Qualification (RFQ)
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 2
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 3
Disclaimer
The information contained in this Request for Qualification document (the “RFQ”) or
subsequently provided to Applicant(s), whether verbally or in documentary or any other
form, by or on behalf of the Authority or any of its employees or advisors, is provided to
Applicant(s) on the terms and conditions set out in this RFQ and such other terms and
conditions subject to which such information is provided.
This RFQ is not an agreement and is neither an offer nor invitation by the Authority to
the prospective Applicants or any other person. The purpose of this RFQ is to provide
interested parties with information that may be useful to them in the formulation of their
application for qualification pursuant to this RFQ (the “Application”). This RFQ
includes statements, which reflect various assumptions and assessments arrived at by the
Authority in relation to the Project. Such assumptions, assessments and statements do not
purport to contain all the information that each Applicant may require. This RFQ may not
be appropriate for all persons, and it is not possible for the Authority, its employees or
advisors to consider the investment objectives, financial situation and particular needs of
each party who reads or uses this RFQ. The assumptions, assessments, statements and
information contained in this RFQ may not be complete, accurate, adequate or correct.
Each Applicant should therefore, conduct its own investigations and analysis and should
check the accuracy, adequacy, correctness, reliability and completeness of the
assumptions, assessments, statements and information contained in this RFQ and obtain
independent advice from appropriate sources.
Information provided in this RFQ to the Applicant(s) is on a wide range of matters, some
of which may depend upon interpretation of law. The information given is not intended to
be an exhaustive account of statutory requirements and should not be regarded as a
complete or authoritative statement of law. The Authority accepts no responsibility for
the accuracy or otherwise for any interpretation or opinion on law expressed herein.
The Authority, its employees and advisors make no representation or warranty and shall
have no liability to any person, including any Applicant or Bidder, under any law, statute,
rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for
any loss, damages, cost or expense which may arise from or be incurred or suffered on
account of anything contained in this RFQ or otherwise, including the accuracy,
adequacy, correctness, completeness or reliability of the RFQ and any assessment,
assumption, statement or information contained therein or deemed to form part of this
RFQ or arising in any way with pre-qualification of Applicants for participation in the
Bidding Process.
The Authority also accepts no liability of any nature whether resulting from negligence
or otherwise howsoever caused arising from reliance of any Applicant upon the
statements contained in this RFQ.
The Authority may, in its absolute discretion but without being under any obligation to
do so, update, amend or supplement the information, assessment or assumptions
contained in this RFQ.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 4
The issue of this RFQ does not imply that the Authority is bound to select and short-list
pre-qualified Applications for Bid Stage or to appoint the selected Bidder or
Concessionaire, as the case may be, for the Project and the Authority reserves the right to
reject all or any of the Applications or Bids without assigning any reasons whatsoever.
The Applicant shall bear all its costs associated with or relating to the preparation and
submission of its Application including but not limited to preparation, copying, postage,
delivery fees, expenses associated with any demonstrations or presentations which may
be required by the Authority or any other costs incurred in connection with or relating to
its Application. All such costs and expenses will remain with the Applicant and the
Authority shall not be liable in any manner whatsoever for the same or for any other costs
or other expenses incurred by an Applicant in preparation or submission of the
Application, regardless of the conduct or outcome of the Bidding Process.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 5
Glossary
ACI As defined in Clause 2.2.4 (ii)
AIF As defined in Clause 2.2.2
Applicant(s) As defined in Clause 1.2.1
Application As defined in the Disclaimer
Application Due Date As defined in Clause 1.1.5
Associate As defined in Clause 2.2.9
Authority As defined in Clause 1.1.1
Bids As defined in Clause 1.2.3
Bid Due Date As defined in Clause 1.2.3
Bid Security As defined in Clause 1.2.4
Bidders As defined in Clause 1.1.1
Bidding Documents As defined in Clause 1.2.3
Bidding Process As defined in Clause 1.2.1
Bid Stage As defined in Clause 1.2.1
BOT Build, Operate and Transfer
Cluster As defined in Clause 1.1.4
Concessionaire As defined in Clause 1.1.2
Concession Agreement As defined in Clause 1.1.2
Conflict of Interest As defined in Clause 2.2.1(c)
Consortium As defined in Clause 2.2.1(a)
CPP Portal As defined in Clause 1.1.1
DBFO As defined in Clause 1.1.1
Estimated Project Cost As defined in Clause 1.1.4
Financial Capacity As defined in Clause 2.2.2 (A)
Foreign Investment Fund As defined in Clause 2.2.2
Government Government of India
Highest Bidder As defined in Clause 1.2.8
Jt. Bidding Agreement As defined in Clause 2.2.6 (g)
Lead Member As defined in Clause 2.2.6 (c)
LOA Letter of Award
Member Member of a Consortium
Net Worth As defined in Clause 2.2.4 (i)
O&M Operation and Maintenance
PPP Public Private Partnership
Premium As defined in Clause 1.2.8
Project As defined in Clause 1.1.1
Qualification As defined in Clause 1.2.1
Qualification Stage As defined in Clause 1.2.1
Re. or Rs. or INR Indian Rupee
RFP or Request for Proposals As defined in Clause 1.2.1
RFQ As defined in the Disclaimer
SPV As defined in Clause 2.2.6
Train As defined in Clause 1.1.3
The words and expressions beginning with capital letters and defined in this document
shall, unless repugnant to the context, have the meaning ascribed thereto herein above.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 6
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 7
Invitation for Qualification
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 8
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 9
Ministry of Railways
1. INTRODUCTION$
1.1 Background
1.1.1 The Ministry of Railways, Government of India (the “Authority”) is engaged in
the development of railways and as part of this endeavour, the Authority has
decided to undertake operation of passenger trains on selected routes forming part
of Cluster 9 (Secunderbad) (the “Project”) through Public-Private Partnership (the
“PPP”) on Design, Build, Finance and Operate (the “DBFO”) basis, and has,
therefore, decided to carry out the bidding process for selection of private entities
as the bidders to whom the Project may be awarded. The salient features of the
Project may be seen in the Information Memorandum of the Project on the e-
procurement platform of the Authority at https://eprocure.gov.in/eprocure/app (the
“CPP Portal”). Brief particulars of the Project including the origin destination
pairs are as follows:
Project Proposed number of
Origin Destination
Pairs
Indicative Project
Cost
(in Rs. crore.)
Passenger Train Operations in
Cluster 9
(Secunderbad)
20 (Twenty) 2510 (Two thousand
five hundred
ten)
Origin Destination Pairs:
S.
No
Station
From & Time of
departure (hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time (hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 Secundrabad Area
(1945) Daily
Srikakulam Via
VSKP area (0930) 13'45 Daily 773 Daily
2 Srikakulam via
VSKP area (1500)) Daily
Secundrabad Area
(0500) 14‟00 Daily 773 Daily
3 Secundrabad (0600) Daily Tirupati (1815) 12'15" Daily 700 Daily
4 Tirupati (0840) Daily Secundrabad
(2055) 12'15'' Daily 700 Daily
5 Guntur (2330) Daily Secundrabad
(0415) 4'45'' Daily 304 Daily
$Instructions for Applicants
Note 1: The provisions in curly brackets shall be suitably modified by the Applicant after the RFQ is
issued. (See Appendix-VIII)
Note 2: Blank spaces contain formats that are to be used by the Applicant after the RFQ is issued. (See Appendix-VIII)
Note 3: Footnotes marked “$” in the relevant Clauses of the RFQ are for guidance of the Applicants. In
case of Appendices, the footnotes marked “$” or in other non-numerical characters shall be omitted by the
Applicants while submitting their respective Applications. (See Appendix-VIII)
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 10
S.
No
Station
From & Time of
departure (hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time (hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
6 Secundrabad (2330) Daily Guntur (0415) 4‟45” Daily 304 Daily
7 Guntur (0600) daily Kurnool (1400) 8' daily 387 daily
8 Kurnool (1450) Daily Guntur (2230) 7'40" Daily 387 Daily
9 Tirupati (2200) Via
Secundrabad M,Thu Varanasi (0745) 33'45 W,Sa 2005 Biweekly
10 Varanasi (0945) via
Secundrabad W, Sa Tirupati (2100) 35'15 Th, Su 2005 Biweekly
11 Secundrabad (2225) SU,W,F Mumbai Area
(9'45'') 11'20''
M,TH,
SA 810 Triweekly
12 Mumbai Area (2335) TU, TH,
SA Secundrabad(1120) 11'45
W, F,
SU 810 Triweekly
13 Mumbai Area (1545) M Aurangabad (2145) 6'00 M 355 Weekly
14 Aurangabad (0615) TU Mumbai Area
(1225) 6'10 TU 355 Weekly
15 Visakhapatnam
(0840) Daily Vijaywada (1445) 6'05'' Daily 377 Daily
16 Vijaywada (1600) Daily Visakhapatnam
(2205) 6'05'' Daily 377 Daily
17 Visakhapatnam
(1945) M, W, SA
Bengaluru Area
(1230) via
Renugunta
16'45'' TU, TH,
SU 990 Triweekly
18 Bengaluru Area
(1800)
TU, TH,
SU
Visakhapatnam
(1155) 17'55'' W, F, M 990 Triweekly
19 Howrah Area (1840) Daily Secundrabad Area
(2000') 25'20 Daily 1577 Daily
20 Secundrabad Area
(0500) Daily
Howrah Area
(0630) 25'30 Daily 1577 Daily
The Authority intends to pre-qualify and short-list suitable Applicants (the
“Bidders”) who will be eligible for participation in the Bid Stage, for awarding
the Project through an open competitive bidding process in accordance with the
procedure set out herein.
1.1.2 The selected Bidder, who is either a company incorporated under the Companies
Act, 1956/2013 or undertakes to incorporate as such prior to execution of the
concession agreement (the “Concessionaire”) shall be responsible for designing,
engineering, financing, procurement, construction or upgradation, operation, and
maintenance of the Project under and in accordance with the provisions of a long–
term concession agreement (the “Concession Agreement”) to be entered into
between the Concessionaire and the Authority in the form provided by the
Authority as part of the Bidding Documents pursuant hereto.
1.1.3 The scope of work of the Project will broadly include designing, procurement,
financing, operation and maintenance of passenger trains, either with distributed
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 11
power or through powerheads, comprising a minimum of 16 coaches (the
“Trains”) on selected routes with the right to determine and collect the fares in
terms of the Concession Agreement. The Concessionaire shall procure these
Trains, as per the specifications and standards provided in the Concession
Agreement, at its own cost and expense.
1.1.4 The Indicative capital cost of the Project (the “Estimated Project Cost”) will be
revised and specified in the Bidding Documents of the Project. The assessment of
actual costs, however, will have to be made by the Bidders. The list of origin
destination pairs including timings in the Project shall be finalized and specified
in the Bidding Documents of the Project.
The Authority has identified around 100 (one hundred) origin destination pairs for
operation of the Trains by the private entities. These origin destination pairs have
been grouped into 12 (twelve) clusters such that each cluster require operation of
about a minimum of 12 (twelve) Trains (the “Cluster”). The details of 12
(twelve) Clusters are provided at Appendix-VII which shall be finalized and
specified in the Bidding Documents of the respective Project. The Authority has
invited 12 RFQs, one for each Cluster, the details of which are as below:
SN RFQ No. Description
1 No. 2020/Trans.Cell/Elect./Train/I Passenger Train Operations in Cluster-1 (Mumbai-1)
2 No. 2020/Trans.Cell/Elect./Train/II Passenger Train Operations in Cluster-2
(Mumbai-2)
3 No. 2020/Trans.Cell/Elect./Train/III Passenger Train Operations in Cluster-3 (Delhi-1)
4 No. 2020/Trans.Cell/Elect./Train/IV Passenger Train Operations in Cluster-4
(Delhi-2)
5 No. 2020/Trans.Cell/Elect./Train/V Passenger Train Operations in Cluster-5 (Chandigarh)
6 No. 2020/Trans.Cell/Elect./Train/VI Passenger Train Operations in Cluster-6
(Howrah)
7 No. 2020/Trans.Cell/Elect./Train/VII Passenger Train Operations in Cluster-7 (Patna)
8 No. 2020/Trans.Cell/Elect./Train/VIII Passenger Train Operations in Cluster-8
(Prayagraj)
9 No. 2020/Trans.Cell/Elect./Train/IX Passenger Train Operations in Cluster-9
(Secunderabad)
10 No. 2020/Trans.Cell/Elect./Train/X Passenger Train Operations in Cluster-
10 (Jaipur)
11 No. 2020/Trans.Cell/Elect./Train/XI Passenger Train Operations in Cluster-
11 (Chennai)
12 No. 2020/Trans.Cell/Elect./Train/XII Passenger Train Operations in Cluster-
12 (Bengaluru)
A Bidder can bid for 1 (one) or more Clusters. The Bidders may note that the
award of number of Clusters to a Bidder shall be subject to Clause 1.2.5.
1.1.5 The Authority shall receive Applications pursuant to this RFQ in accordance with
the terms set forth herein as modified, altered, amended and clarified from time to
time by the Authority, and all Applications shall be prepared and submitted in
accordance with such terms on or before the date specified in Clause 1.3 for
submission of Applications (the “Application Due Date”).
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 12
1.2 Brief description of Bidding Process
1.2.1 The Authority has adopted a two-stage bidding process (collectively referred to as
the “Bidding Process”) for selection of the Bidders for award of the Project. The
first stage (the “Qualification Stage”) of the process involves qualification (the
“Qualification”) of interested parties/ consortia who make an Application in
accordance with the provisions of this RFQ (the “Applicant”, which expression
shall, unless repugnant to the context, include the Members of the Consortium).
Prior to making an Application, the Applicant shall pay to the Authority a sum of
Rs 2,00,000 (Rupees two lakh only) plus Goods and Services Tax as applicable
which at present is 18%, i.e., a total amount of Rs. 2,36,000 (Rupees two lakh
thirty six thousand only) as the cost of the RFQ process via NEFT or RTGS to the
Authority‟s bank account no.: 30768733055, Beneficiary Name: FA&CAO/
Northern Railway, RTGS/IFSC code: SBIN0000631 at Chandni Chowk, Delhi.
The Goods and Services Taxpayer Identification Number of the Authority is
07AAAGM0289C1ZL. At the end of this stage, the Authority expects to
announce a short-list of suitable pre-qualified Applicants who shall be eligible for
participation in the second stage of the Bidding Process (the “Bid Stage”)
comprising Request for Proposals (the “Request for Proposals” or “RFP”).
Government of India has issued guidelines (see Appendix-V) for qualification of
bidders seeking to acquire stakes in any public sector enterprise through the
process of disinvestment. These guidelines shall apply mutatis mutandis to this
Bidding Process. The Authority shall be entitled to disqualify an Applicant in
accordance with the aforesaid guidelines at any stage of the Bidding Process.
Applicants must satisfy themselves that they are qualified to bid, and should give
an undertaking to this effect in the form at Appendix-I.
1.2.2 In the Qualification Stage, Applicants would be required to furnish all the
information specified in this RFQ. Only those Applicants that are pre-qualified
and short-listed by the Authority shall be invited to submit their Bids for the
Project. The Authority is likely to provide a comparatively short time span for
submission of the Bids for the Project. The Applicants are, therefore, advised to
visit the potential sites and familiarise themselves with the Project.
1.2.3 In the Bid Stage, the Bidders will be called upon to submit their financial offers
(the “Bids”) in accordance with the RFP and other documents to be provided by
the Authority (collectively the “Bidding Documents”). The Bidding Documents
for the Project will be provided to every Bidder on payment of Rs.4,00,000
(Rupees four lakh only) plus Goods and Services Tax as applicable which at
present is 18%, i.e., a total amount of Rs. 4,72,000 (Rupees four lakh seventy two
thousand only). The Bid shall be valid for a period of not less than 120 days from
the date specified in Clause 1.3 for submission of Bids (the “Bid Due Date”).
1.2.4 In terms of the RFP, a Bidder will be required to deposit, along with its Bid, a bid
security of Rs.13,00,00,000 (Rupees thirteen crore) for the Project (the “Bid
Security”), refundable no later than 60(sixty) days from the Bid Due Date, except
in the case of the selected Bidder whose Bid Security shall be retained till it has
provided a Performance Security under the Concession Agreement. The Bidders
will have an option to provide Bid Security in the form of a demand draft or a
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 13
bank guarantee acceptable to the Authority$. In case a bank guarantee is provided,
its validity period shall not be less than 180 (one hundred and eighty) days from
the Bid Due Date, inclusive of a claim period of 60 (sixty) days, and may be
extended as may be mutually agreed between the Authority and the Bidder from
time to time. Where a demand draft is provided, its validity shall not be less than
80 (eighty) days from the Bid Due Date for the purposes of encashment thereof
by the Authority. The Bid shall be summarily rejected if it is not accompanied by
the Bid Security.
1.2.5 Generally, the Highest Bidder shall be the selected Bidder for the respective
Cluster. No Bidder shall be awarded more than 3 (three) Clusters. In the event of
any Bidder becoming the Highest Bidder for more than 3 (three) Clusters, the
particular Bidder shall be awarded the Clusters in which the Bidder has offered
highest Premium and for the remaining Clusters, Bidders other than the Highest
Bidder for the respective Cluster shall be kept in reserve and may, in accordance
with the process specified in Clause 1.2.12, be invited to match the Bid submitted
by the Highest Bidder for the respective Cluster.
1.2.6 During the Bid Stage, Bidders are invited to examine the Project in greater detail,
and to carry out, at their cost, such studies as may be required for submitting their
respective Bids for award of the concession including implementation of the
Project.
1.2.7 As part of the Bidding Documents, the Authority will provide a draft Concession
Agreement, feasibility report prepared by the Authority/its consultants and
Manual of Specifications and Standards and other information pertaining/ relevant
to the Project available with it.
1.2.8 Bids will be invited for the Project on the basis of premium in the form of share in
gross revenue, (the “Premium”) offered by the Bidder to the Authority for award
of the concession. The concession period shall be pre-determined, and will be
indicated in the draft Concession Agreement forming part of the Bidding
Documents. The Premium amount shall constitute the sole criteria for evaluation
of Bids. Subject to the provisions of Clause 1.2.5 and Clause 1.2.12, the Project
shall be awarded to the Bidder quoting the highest Premium.
In this RFQ, the term “Highest Bidder” shall mean the Bidder who is offering the
highest Premium.
1.2.9 The Concessionaire shall, in consideration of its investment and services, be
entitled to levy and collect fare from the users of the Project and also raise other
revenues in accordance with the Concession Agreement.
1.2.10 Details of the process to be followed at the Bid Stage and the terms thereof will
be spelt out in the Bidding Documents.
1.2.11 Any queries or request for additional information concerning this RFQ shall be
submitted by e-mail so as to reach the officer designated in Clause 2.13.5 by the
$The format for the bank guarantee has been published as part of the Model RFP document
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 14
specified date. The communications shall clearly bear the following
identification/ title:
“Queries/ Request for Additional Information: RFQ for Passenger Train
Operations in Cluster 9 (Secunderbad)”
1.2.12 Of the Bidders kept in reserve under Clause 1.2.5, the highest Bidder for the
respective Cluster shall be invited to match the Bid of the Highest Bidder as
declared by the Authority, and if it accepts the offer, it will be awarded that
Cluster. This process shall be applied sequentially to all Bidders in the order of
their respective Bids which have been kept in reserve, and shall be continued until
all the Clusters are fully awarded. Notwithstanding the above, in case the
maximum limit of awarding 3 (three) Clusters to a Bidder results in non-award of
any Cluster, the said limit of 3 (three) Clusters to a Bidder shall not be applicable
for that Cluster and the Highest Bidder for that specific Cluster shall be
considered for award of that Cluster.
1.3 Schedule of Bidding Process
The Authority shall endeavour to adhere to the following schedule:
Event Description Date
Qualification Stage
1. Last date for receiving queries 16.07.2020
2. First Pre-Application Conference 21.07.2020
3. Authority response to queries latest by 31.07.2020
4. Last date for receiving queries for
second pre-application conference 07.08.2020
5 Second Pre-Application Conference 12.08.2020
6 Authority response to queries latest by 21.08.2020
7 Application Due Date 08.09.2020
8 Announcement of short-list Within 60 days of
Application Due Date
Bid Stage Estimated Date
1. Sale of Bid Documents [To be specified]
2. Last date for receiving queries [To be specified]
3. Pre-Bid Conference 1 [To be specified]
4. Authority response to queries latest by [To be specified]
5. Pre-Bid Conference 2 [To be specified]
6. Bid Due Date [To be specified]
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 15
7. Opening of Bids On Bid Due Date
8. Letter of Award (LOA) Within 45 days of Bid Due
Date
9. Validity of Bids 120 days of Bid Due Date
10. Signing of Concession Agreement Within 30 days of award of
LOA
1.4 Pre-Application Conference
The date, time and venue of the Pre-Application Conference shall be:
First Pre Application Conference
Date: July 21, 2020
Time: 1130 hrs
Venue: Conference Hall, Rail Bhawan, New Delhi
Second Pre- Application Conference
Date: Aug 12, 2020
Time: 1130 hrs
Venue: Conference Hall, Rail Bhawan, New Delhi
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 16
2. INSTRUCTIONS TO APPLICANTS
A. GENERAL
2.1 Scope of Application
2.1.1 The Authority wishes to receive Applications for Qualification in order to short-
list experienced and capable Applicants for the Bid Stage.
2.1.2 Short-listed Applicants may be subsequently invited to submit the Bids for the
Project.
2.2 Eligibility of Applicants
2.2.1 For determining the eligibility of Applicants for their pre-qualification hereunder,
the following shall apply:
(a) The Applicant for pre-qualification may be a single entity or a group of
entities (the “Consortium”), coming together to implement the Project. However,
no applicant applying individually or as a member of a Consortium, as the case
may be, can be member of another Applicant. The term Applicant used herein
would apply to both a single entity and a Consortium.
(b) An Applicant may be a natural person, private entity, government-owned
entity, or any combination of them with a formal intent to enter into an agreement
or under an existing agreement to form a Consortium. A Consortium shall be
eligible for consideration subject to the conditions set out in Clause 2.2.6 below.
(c) An Applicant shall not have a conflict of interest (the “Conflict of Interest”)
that affects the Bidding Process. Any Applicant found to have a Conflict of
Interest shall be disqualified$. An Applicant shall be deemed to have a Conflict of
Interest affecting the Bidding Process, if:
(i) the Applicant, its Member or Associate(or any constituent thereof) and
any other Applicant, its Member or any Associate thereof (or any
constituent thereof) have common controlling shareholders or other
ownership interest; provided that this disqualification shall not apply in
cases where the direct or indirect shareholding of an Applicant, its
Member or an Associate thereof (or any shareholder thereof having a
shareholding of more than 20 per cent (twenty per cent) of the paid up and
subscribed share capital of such Applicant, Member or Associate, as the
case may be) in the other Applicant, its Member or Associate is less than
20 per cent (twenty per cent) of the subscribed and paid up equity share
capital thereof; provided further that this disqualification shall not apply to
any ownership by a bank, insurance company, pension fund or a public
financial institution referred to in sub-section (72) of section 2 of the
Companies Act,2013. For the purposes of this Clause 2.2.1(c), indirect
shareholding held through one or more intermediate persons shall be
$The provisions of sub-clauses (i), (iii) and (v) shall not apply to government companies.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 17
computed as follows: (aa) where any intermediary is controlled by a
person through management control or otherwise, the entire shareholding
held by such controlled intermediary in any other person (the “Subject
Person”) shall be taken into account for computing the shareholding of
such controlling person in the Subject Person; and (bb) subject always to
sub-clause (aa) above, where a person does not exercise control over an
intermediary, which has shareholding in the Subject Person, the
computation of indirect shareholding of such person in the Subject Person
shall be undertaken on a proportionate basis; provided, however, that no
such shareholding shall be reckoned under this sub-clause (bb) if the
shareholding of such person in the intermediary is less than 26% of the
subscribed and paid up equity shareholding of such intermediary; or
(ii) a constituent of such Applicant is also a constituent of another Applicant;
or
(iii) such Applicant, or any Associate thereof receives or has received any
direct or indirect subsidy, grant, concessional loan or subordinated debt
from any other Applicant, or any Associate thereof or has provided any
such subsidy, grant, concessional loan or subordinated debt to any other
Applicant, its Member or any Associate thereof; or
(iv) such Applicant has the same legal representative for purposes of this
Application as any other Applicant; or
(v) such Applicant, or any Associate thereof has a relationship with another
Applicant, or any Associate thereof, directly or through common third
party/ parties, that puts either or both of them in a position to have access
to each other‟s information about, or to influence the Application of either
or each other; or
(vi) such Applicant, or any Associate thereof has participated as a consultant
to the Authority in the preparation of any documents, design or technical
specifications of the Project.
(d) An Applicant shall be liable for disqualification if any legal, financial or
technical adviser of the Authority in relation to the Project is engaged by the
Applicant, its Member or any Associate thereof, as the case may be, in any
manner for matters related to or incidental to the Project. For the avoidance of
doubt, this disqualification shall not apply where such adviser was engaged by the
Applicant, its Member or Associate in the past but its assignment expired or was
terminated prior to the Application Due Date. Nor will this disqualification apply
where such adviser is engaged after a period of 3 (three) years from the date of
commercial operation of the Project.
Explanation: In case an Applicant is a Consortium, then the term Applicant as
used in this Clause 2.2.1, shall include each Member of such Consortium.
2.2.2 To be eligible for pre-qualification and short-listing, an Applicant shall fulfil the
following conditions of eligibility:
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 18
(A) Financial Capacity: For demonstrating financial capacity (the “Financial
Capacity”):
(i) The Applicant shall have a minimum Net Worth of Rs. 1255 crore (Rs.
One thousand two hundred fifty five crore) at the close of the preceding
financial year;
(ii) In case the Applicant is an AIF or Foreign Investment Fund, it should
have a minimum ACI of 1255 crore (Rs. One thousand two hundred fifty
five crore) at the close of the preceding financial year.
In case of a Consortium, the combined financial capacity of those Members, who
shall have an equity share of at least 26% (twenty six per cent) each in the SPV,
should satisfy the above conditions of eligibility; provided that each such Member
shall, for a period of 2 (two) years from the date of commercial operation of the
Project, hold equity share capital not less than: (i) 26% (twenty six per cent) of
the subscribed and paid up equity of the SPV; and (ii)5% (five per cent) of the
Total Project Cost specified in the Concession Agreement.
For the purpose of this RFQ, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “AIF” shall have the meaning as ascribed to the term „alternative investment
fund‟ under Regulation 2(1)(b) of the Securities and Exchange Board of India
(Alternative Investment Funds) Regulations, 2012 (as amended); and
(b) “Foreign Investment Fund” shall mean any pooled investment vehicle or
investment fund which is registered or recognized with a securities
market/banking regulator of a „foreign jurisdiction‟;
and “foreign jurisdiction” means a country, other than India, whose securities
market regulator is a signatory to International Organization of Securities
Commission‟s Multilateral Memorandum of Understanding(IOSCO's MMOU)
(Appendix A signatories) or a signatory to bilateral Memorandum of
Understanding with the Securities and Exchange Board of India, and which is not
identified in the public statement of Financial Action Task Force as a jurisdiction
having a strategic Anti-Money Laundering or Combating the Financing of
Terrorism deficiencies to which counter measures apply or a jurisdiction that has
not made sufficient progress in addressing the deficiencies or has not committed
to an action plan developed with the Financial Action Task Force to address the
deficiencies.
2.2.3 O&M Experience: In the event that the Applicant does not have the requisite
O&M experience of maintaining the railway rolling stock including locomotives,
trains, electric multiple units, diesel multiple units, it shall either enter into an
agreement, for a period of 5 (five) years from commercial operation date of the
Project (COD), with an entity having the aforesaid experience relating to the
performance of O&M obligations, or engage experienced and qualified personnel
for discharging its O&M obligations in accordance with the provisions of the
Concession Agreement, failing which the Concession Agreement shall be liable to
termination.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 19
2.2.4 The Applicant shall enclose with its Application, to be submitted as per the
format at Appendix-I, complete with its Annexes, the following$:
(i) certificate(s) from statutory auditors of the Applicant or its Associates
specifying the Net Worth of the Applicant, as at the close of the preceding
financial year, and also specifying that the methodology adopted for
calculating such Net Worth conforms to the provisions of this Clause
2.2.4(i). For the purposes of this RFQ, net worth (the “Net Worth”) shall
mean the sum of subscribed and paid up equity and reserves from which
shall be deducted the sum of revaluation reserves, miscellaneous
expenditure not written off and reserves not available for distribution to
equity share holders.
(ii) An AIF or Foreign Investment Fund may also qualify on the basis of
minimum investible funds (i.e. immediately available funds for investment
and callable capital, net of estimated expenditure for administration and
management of the fund) subject to the limits of investment in a single
investee entity (in the relevant jurisdiction for a Foreign Investment Fund,
or the maximum permissible investment limit for an AIF) (as per the
Securities and Exchange Board of India(Alternative Investment Funds)
Regulations, 2012, as may be amended from time to time), as applicable
(“ACI”).
In case of an AIF or Foreign Investment Fund using ACI, ACI would be
considered as per the certificate issued by statutory auditor (or such other
certificate as filed with the regulator in the relevant jurisdiction) not older
than 3 (three) months prior to the Application Due Date.
2.2.5 The Applicant should submit a Power of Attorney as per the format at Appendix-
II, authorising the signatory of the Application to commit the Applicant. In the
case of a Consortium, the Members should submit a Power of Attorney in favour
of the Lead Member as per format at Appendix-III.
2.2.6 Where the Applicant is a single entity, it may be required to form an appropriate
Special Purpose Vehicle, incorporated under the Indian Companies Act, 2013 (the
“SPV”), to execute the Concession Agreement and implement the Project. In case
the Applicant is a Consortium, it shall, in addition to forming an SPV, comply
with the following additional requirements:
(a) Number of members in a consortium shall not exceed 6 (six), but information
sought in the Application may be restricted to 4 (four) members in the order
of their equity contribution;
(b) subject to the provisions of sub-clause (a) above, the Application should
contain the information required for each member of the Consortium;
$ In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary in respect of Clause 2.2.4. In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant or its Associate may provide the certificates required under this RFQ.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 20
(c) members of the Consortium shall nominate one member as the lead member
(the “Lead Member”), who shall have an equity share holding of at least 26%
(twenty six per cent) of the paid up and subscribed equity of the SPV. The
nomination(s) shall be supported by a Power of Attorney, as per the format at
Appendix-III, signed by all the other members of the Consortium;
(d) the Application should include a brief description of the roles and
responsibilities of individual members, particularly with reference to
financial, technical and O&M obligations;
(e) an individual Applicant cannot at the same time be member of a
Consortium applying for pre-qualification. Further, a member of a particular
Applicant Consortium cannot be member of any other Applicant Consortium
applying for pre-qualification;
(f) the members of a Consortium shall form an appropriate SPV to execute the
Project, if awarded to the Consortium;
(g) members of the Consortium shall enter into a binding Joint Bidding
Agreement, substantially in the form specified at Appendix-IV (the “Jt.
Bidding Agreement”), for the purpose of making the Application and
submitting a Bid in the event of being short-listed. The Jt. Bidding
Agreement, to be submitted along with the Application, shall, inter alia:
(i) convey the intent to form an SPV with shareholding/ ownership equity
commitment(s) in accordance with this RFQ, which would enter into the
Concession Agreement and subsequently perform all the obligations of the
Concessionaire in terms of the Concession Agreement, in case the
concession to undertake the Project is awarded to the Consortium;
(ii) clearly outline the proposed roles and responsibilities, if any, of each
member;
(iii) commit the minimum equity stake to be held by each member;
(iv) commit that each of the members, whose experience will be evaluated for
the purposes of this RFQ, shall subscribe to 26% (twenty six per cent) or
more of the paid up and subscribed equity of the SPV and shall further
commit that each such member shall, for a period of 2 (two) years from
the date of commercial operation of the Project, hold equity share capital
not less than: (i) 26% (twenty six per cent) of the subscribed and paid up
equity share capital of the SPV; and (ii) 5% (five per cent) of the Total
Project Cost specified in the Concession Agreement;
(v) members of the Consortium undertake that they shall collectively hold at
least 51% (fifty one per cent) of the subscribed and paid up equity of the
SPV at all times until the second anniversary of the commercial operation
date of the Project; and
(vi) include a statement to the effect that all members of the Consortium shall
be liable jointly and severally for all obligations of the Concessionaire in
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 21
relation to the Project until the Concession Agreement comes into force
and effect; and
(h) except as provided under this RFQ and the Bidding Documents, there shall
not be any amendment to the Jt. Bidding Agreement without the prior written
consent of the Authority.
2.2.7 Any entity which has been barred by the Central/ State Government, or any entity
controlled by it, from participating in any project (BOT or otherwise), and the bar
subsists as on the date of Application, would not be eligible to submit an
Application, either individually or as member of a Consortium.
2.2.8 An Applicant including any Consortium Member or Associate should, in the last
3 (three) years, have neither failed to perform on any contract, as evidenced by
imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award against the Applicant, Consortium Member
or Associate, as the case may be, nor has been expelled from any project or
contract by any public entity nor have had any contract terminated by any public
entity for breach by such Applicant, Consortium Member or Associate. Provided,
however, that where an Applicant claims that its disqualification arising on
account of any cause or event specified in this Clause 2.2.8 is such that it does not
reflect (a) any malfeasance on its part in relation to such cause or event; (b) any
wilful default or patent breach of the material terms of the relevant contract; (c)
any fraud, deceit or misrepresentation in relation to such contract; or (d) any
rescinding or abandoning of such contract, it may make a representation to this
effect to the Authority for seeking a waiver from the disqualification hereunder
and the Authority may, in its sole discretion and for reasons to be recorded in
writing, grant such waiver if it is satisfied with the grounds of such representation
and is further satisfied that such waiver is not in any manner likely to cause a
material adverse impact on the Bidding Process or on the implementation of the
Project.
2.2.9 In computing the Net Worth or ACI of the Applicant/ Consortium Members under
Clauses 2.2.2 and 2.2.4, the Net Worth or ACI of their respective Associates
would also be eligible hereunder. In case the Associate of an AIF or Foreign
Investment Fund is not an AIF or Foreign Investment Fund, then such Bidder is
eligible to claim the Financial Capacity of such Associate as set out in Clause
2.2.2 (A) (i).
For purposes of this RFQ, Associate means, in relation to the Applicant/
Consortium Member, a person who controls, is controlled by, or is under the
common control with such Applicant/ Consortium Member (the “Associate”). As
used in this definition, the expression “control” means, with respect to a person
which is a company or corporation, the ownership, directly or indirectly, of more
than 50% (fifty per cent) of the voting shares of such person, and with respect to a
person which is not a company or corporation, the power to direct the
management and policies of such person whether by operation of law or by
contract or otherwise.
2.2.10 The following conditions shall be adhered to while submitting an Application:
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 22
(a) Applicants should attach clearly marked and referenced continuation
sheets in the event that the space provided in the prescribed forms in the
Annexes is insufficient. Alternatively, Applicants may format the
prescribed forms making due provision for incorporation of the requested
information;
(b) information supplied by an Applicant (or other constituent Member if the
Applicant is a Consortium) must apply to the Applicant, Member or
Associate named in the Application and not, unless specifically requested,
to other associated companies or firms. Invitation to submit Bids will be
issued only to Applicants whose identity and/ or constitution is identical to
that at pre-qualification;
(c) in responding to the pre-qualification submissions, Applicants should
demonstrate their capabilities in accordance with Clause 3.1 below; and
(d) in case the Applicant is a Consortium, each Member should substantially
satisfy the pre-qualification requirements to the extent specified herein.
2.2.11 While Qualification is open to persons from any country, the following provisions
shall apply:
(a) Where, on the date of the Application, 25% (twenty five percent) or more
of the aggregate issued, subscribed and paid up equity share capital in an
Applicant or its Member is held by persons resident outside India or where
an Applicant or its Member is controlled by persons resident outside India;
or
(b) if at any subsequent stage after the date of the Application, there is an
acquisition of 25% (twenty five percent) or more of the aggregate issued,
subscribed and paid up equity share capital or control, by persons resident
outside India, in or of the Applicant or its Member;
then the Qualification of such Applicant or in the event described in sub clause
(b) above, the continued Qualification of the Applicant shall be subject to
approval of the Authority from national security and public interest perspective.
The decision of the Authority in this behalf shall be final and conclusive and
binding on the Applicant.
The holding or acquisition of equity or control, as above, shall include direct or
indirect holding/ acquisition, including by transfer, of the direct or indirect legal
or beneficial ownership or control, by persons acting for themselves or in concert
and in determining such holding or acquisition, the Authority shall be guided by
the principles, precedents and definitions contained in the Securities and
Exchange Board of India (Substantial Acquisition of Shares and Takeovers)
Regulations, 2011, or any substitute thereof, as in force on the date of such
acquisition.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 23
The Applicant shall promptly inform the Authority of any change in the
shareholding, as above, and failure to do so shall render the Applicant liable for
disqualification from the Bidding Process.
2.2.12 Notwithstanding anything to the contrary contained herein, in the event that the
Application Due Date falls within 3 (three) months of the closing of the latest
financial year of an Applicant, it shall ignore such financial year for the purposes
of its Application and furnish all its information and certification with reference
to the 5 (five) years or 1 (one) year, as the case may be, preceding its latest
financial year. For the avoidance of doubt, financial year shall, for the purposes of
an Application hereunder, mean the accounting year followed by the Applicant in
the course of its normal business.
2.3 Change in composition of the Consortium
2.3.1 Change in the composition of a Consortium will not be permitted by the Authority
during the Qualification Stage.
2.3.2 Where the Bidder$ is a Consortium, change in the composition of a Consortium
may be permitted by the Authority during the Bid Stage, only where:
(a) the application for such change is made no later than 15 (fifteen) days
prior to the Bid Due Date;
(b) the Lead Member continues to be the Lead Member of the Consortium;
(c) the substitute is at least equal, in terms of Financial Capacity, to the
Consortium Member who is sought to be substituted and the modified
Consortium shall continue to meet the pre-qualification and short-listing
criteria for Applicants; and
(d) the new Member(s) expressly adopt(s) the Application already made on
behalf of the Consortium as if it were a party to it originally, and is not an
Applicant/Member/Associate of any other Consortium bidding for this
Project.
2.3.3 Approval for change in the composition of a Consortium shall be at the sole
discretion of the Authority and must be approved by the Authority in writing.
2.3.4 The modified/ reconstituted Consortium shall submit a revised Jt. Bidding
Agreement before the Bid Due Date.
2.3.5 Notwithstanding anything to the contrary contained in sub-clause (c) (i) of Clause
2.2.1, an Applicant may, within 10 (ten) days after the Application Due Date,
remove from its Consortium any Member who suffers from a Conflict of Interest,
$The option of change in composition of the Consortium which is available under Clause 2.3.2 may be
exercised by any Applicant who is pre-qualified either as a Consortium or as a single entity. In the case of a
single entity Applicant adding a Consortium Member at the Bid Stage, the single entity Applicant shall be
the Lead Member of the Consortium. Provided, however, that no member of such Consortium shall be an
Applicant or the member of a Consortium which has been pre-qualified.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 24
and such removal shall be deemed to cure the Conflict of Interest arising in
respect thereof.
2.4 Number of Applications and costs thereof
2.4.1 No Applicant shall submit more than one Application for the Project. An
applicant applying individually or as a member of a Consortium shall not be
entitled to submit another Application either individually or as a member of any
Consortium, as the case may be.
2.4.2 The Applicants shall be responsible for all of the costs associated with the
preparation of their Applications and their participation in the Bidding Process.
The Authority will not be responsible or in any way liable for such costs,
regardless of the conduct or outcome of the Bidding Process.
2.5 Site visit and verification of information
Applicants are encouraged to submit their respective Applications after visiting
the Project sites and ascertaining for themselves the site conditions, traffic,
location, surroundings, climate, availability of power, water and other utilities for
operation and maintenance of trains, access to site, handling and storage of
materials, weather data, applicable laws and regulations, and any other matter
considered relevant by them.
2.6 Acknowledgement by Applicant
2.6.1 It shall be deemed that by submitting the Application, the Applicant has:
(a) made a complete and careful examination of the RFQ;
(b) received all relevant information requested from the Authority;
(c) accepted the risk of inadequacy, error or mistake in the information
provided in the RFQ or furnished by or on behalf of the Authority relating
to any of the matters referred to in Clause 2.5 above; and
(d) agreed to be bound by the undertakings provided by it under and in terms
hereof.
2.6.2 The Authority shall not be liable for any omission, mistake or error in respect of
any of the above or on account of any matter or thing arising out of or concerning
or relating to the RFQ or the Bidding Process, including any error or mistake
therein or in any information or data given by the Authority.
2.7 Right to accept or reject any or all Applications/ Bids
2.7.1 Notwithstanding anything contained in this RFQ, the Authority reserves the right
to accept or reject any Application and to annul the Bidding Process and reject all
Applications/ Bids, at any time without any liability or any obligation for such
acceptance, rejection or annulment, and without assigning any reasons therefor. In
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 25
the event that the Authority rejects or annuls all the Bids, it may, in its discretion,
invite all eligible Bidders to submit fresh Bids hereunder.
2.7.2 The Authority reserves the right to reject any Application and/ or Bid if:
(a) at any time, a material misrepresentation is made or uncovered, or
(b) the Applicant does not provide, within the time specified by the Authority,
the supplemental information sought by the Authority for evaluation of the
Application.
If the Applicant/Bidder is a Consortium, then the entire Consortium may be
disqualified/ rejected. If such disqualification/ rejection occurs after the Bids have
been opened and the Highest Bidder gets disqualified/ rejected, then the Authority
reserves the right to:
(i) invite the remaining Bidders to match the Highest Bidder/ submit their
Bids in accordance with the RFP; or
(ii) take any such measure as may be deemed fit in the sole discretion of the
Authority, including annulment of the Bidding Process.
2.7.3 In case it is found during the evaluation or at any time before signing of the
Concession Agreement or after its execution and during the period of subsistence
thereof, including the concession thereby granted by the Authority, that one or
more of the pre-qualification conditions have not been met by the Applicant, or
the Applicant has made material misrepresentation or has given any materially
incorrect or false information, the Applicant shall be disqualified forthwith if not
yet appointed as the Concessionaire either by issue of the LOA or entering into of
the Concession Agreement, and if the Applicant/SPV has already been issued the
LOA or has entered into the Concession Agreement, as the case may be, the same
shall, notwithstanding anything to the contrary contained therein or in this RFQ,
be liable to be terminated, by a communication in writing by the Authority to the
Applicant, without the Authority being liable in any manner whatsoever to the
Applicant and without prejudice to any other right or remedy which the Authority
may have under this RFQ, the Bidding Documents, the Concession Agreement or
under applicable law.
2.7.4 The Authority reserves the right to verify all statements, information and
documents submitted by the Applicant in response to the RFQ. Any such
verification or lack of such verification by the Authority shall not relieve the
Applicant of its obligations or liabilities hereunder nor will it affect any rights of
the Authority thereunder.
B. DOCUMENTS
2.8 Contents of the RFQ
This RFQ comprises the disclaimer set forth hereinabove, the contents as listed
below, and will additionally include any Addenda issued in accordance with
Clause 2.10.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 26
Invitation for Qualification
Section 1. Introduction
Section 2. Instructions to Applicants
Section 3. Criteria for Evaluation
Section 4. Fraud &Corrupt Practices
Section 5. Pre Application Conference
Section 6. Miscellaneous
Appendices
I. Letter comprising the Application
II. Power of Attorney for signing of Application
III. Power of Attorney for Lead Member of Consortium
IV. Joint Bidding Agreement for Consortium
V. Guidelines of the Department of Disinvestment
VI. Operation and Maintenance Experience
VII. Details of Clusters
VIII. List of Application-specific provisions
2.9 Clarifications
2.9.1 Applicants requiring any clarification on the RFQ may notify the Authority in
writing by e-mail in accordance with Clause 1.2.11. They should send in their
queries before the date specified in the schedule of Bidding Process contained in
Clause 1.3. The Authority shall endeavour to respond to the queries within the
period specified therein, but no later than 10(ten) days prior to the Application
Due Date. The responses will be uploaded on CPP Portal.
2.9.2 The Authority shall endeavour to respond to the questions raised or clarifications
sought by the Applicants. However, the Authority reserves the right not to
respond to any question or provide any clarification, in its sole discretion, and
nothing in this Clause shall be taken or read as compelling or requiring the
Authority to respond to any question or to provide any clarification.
2.9.3 The Authority may also on its own motion, if deemed necessary, issue
interpretations and clarifications to all Applicants. All clarifications and
interpretations issued by the Authority shall be deemed to be part of the RFQ.
Verbal clarifications and information given by Authority or its employees or
representatives shall not in any way or manner be binding on the Authority.
2.10 Amendment of RFQ
2.10.1 At any time prior to the deadline for submission of Application, the Authority
may, for any reason, whether at its own initiative or in response to clarifications
requested by an Applicant, modify the RFQ by the issuance of Addenda.
2.10.2 Any Addendum thus issued will be uploaded on CPP Portal.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 27
2.10.3 In order to afford the Applicants a reasonable time for taking an Addendum into
account, or for any other reason, the Authority may, in its sole discretion, extend
the Application Due Date.$
C. PREPARATION AND SUBMISSION OF APPLICATION
2.11 Language
The Application and all related correspondence and documents in relation to the
Bidding Process shall be in English language. Supporting documents and printed
literature furnished by the Applicant with the Application may be in any other
language provided that they are accompanied by translations of all the pertinent
passages in the English language, duly authenticated and certified by the
Applicant. Supporting materials, which are not translated into English, may not be
considered. For the purpose of interpretation and evaluation of the Application,
the English language translation shall prevail.
2.12 Format and signing of Application
2.12.1 The Applicant shall provide all the information sought under this RFQ. The
Authority will evaluate only those Applications that are received in the required
formats and complete in all respects. Incomplete and /or conditional Applications
shall be liable to rejection.
2.12.2 The Application shall be duly signed in digital form by the authorised signatory of
the Applicant. All the alterations, omissions, additions or any other amendments
made to the Application shall be initialled by the person(s) signing the
Application. The Application shall contain page numbers.
2.13 Submission of Applications
2.13.1 The Application comprising the documents specified in Clause 2.13.3 shall be
submitted online on the CPP Portal by uploading the complete and legible
scanned copies of the same in pdf format, duly signed in digital form by the
authorised signatory of the Bidder.
2.13.2 For this purpose, registration of the Applicant with CPP Portal is mandatory. For
any assistance regarding e-tendering, the Applicant may go to the helpdesk on the
CPP Portal. An Applicant who is already registered need not register again.
However, the Applicant is required to have a Class-III Digital Certificate issued
by a licensed Certifying Authority (CA).
2.13.3 The documents referred to in Clause 2.13.1 shall include:
$ While extending the Application Due Date on account of an addendum, the Authority shall have due
regard for the time required by Applicants to address the amendments specified therein. In the case of
significant amendments, at least 15 (fifteen) days shall be provided between the date of amendment and the
Application Due Date, and in the case of minor amendments, at least 7 (seven) days shall be provided.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 28
(i) Application in the prescribed format (Appendix-I) along with Annexes
and supporting documents;
(ii) Power of Attorney for signing the Application as per the format at
Appendix-II;
(iii) if applicable, the Power of Attorney for Lead Member of Consortium as
per the format at Appendix-III;
(iv) copy of the Jt. Bidding Agreement, in case of a Consortium, substantially
in the format at Appendix-IV;
(v) copy of Memorandum and Articles of Association, if the Applicant is a
body corporate, and if a partnership then a copy of its partnership deed;
(vi) copies of Applicant‟s duly audited balance sheet and profit and loss
account for the preceding five years; and
(vii) an online statement evidencing payment to the bank account set out in
Clause 1.2.1 or transaction receipt in any form towards the cost of the
RFQ process.
2.13.4 The Applicant shall also submit the following documents in original to the person
specified in the Clause 2.13.5 in a sealed envelope on or before the Application
Due Date, failing which the Bid shall be rejected:
(a) Power of attorney as required under Clause 2.13.3(ii) and Clause 2.13.3 (iii);
(b) online statement evidencing payment to the bank account set out in Clause
1.2.1 or transaction receipt in any form, as the case may be; and
(c) Joint Biding Agreement in the format at Appendix-IV.
The envelope specified in this Clause 2.13.4 shall clearly bear the following
identification:
Application for Qualification: Operation of Passenger Trains in Cluster 9
(Secunderbad) and shall clearly indicate the name and address of the Applicant. In
addition, the Application Due Date should be indicated on the right hand corner
of each of the envelopes.
2.13.5 The envelopes specified in Clause 2.13.4 shall be addressed to:
ATTN. OF: Mr. A.Madhukumar Reddy
DESIGNATION: Principal Executive Director
(Coaching)
ADDRESS: Room No. 360, Rail Bhawan,
Raisina Road, New Delhi
TELEPHONE NO: 011- 23047329,
011-23383624 (Fax)
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 29
ADDRESS:
passengertrain.ppp@railnet.gov.in
2.13.6 If the envelopes are not sealed and marked as instructed above, the Authority
assumes no responsibility for the misplacement or premature opening of the
contents of the Application and consequent losses, if any, suffered by the
Applicant.
2.13.7 Applications submitted by fax, telex, telegram or e-mail, or any way other than on
the specified e-platform for bidding, shall not be entertained and shall be rejected.
2.14 Application Due Date
2.14.1 The documents specified in Clause 2.13.3 should be submitted online before 1100
hours IST on the Application Due Date. Further, the documents specified in
Clause 2.13.4 should be submitted before 1100 hours IST on the Application Due
Date, at the address provided in Clause 2.13.5 in the manner and form as detailed
in this RFP. A receipt thereof should be obtained from the person specified in
Clause 2.13.5.
2.14.2 The Authority may, in its sole discretion, extend the Application Due Date by
issuing an Addendum in accordance with Clause 2.10 uniformly for all
Applicants.
2.15 Late Applications
Applications received by the Authority after the specified time on the Application
Due Date shall not be eligible for consideration and shall be summarily rejected.
2.16 Modifications/ substitution/ withdrawal of Applications
2.16.1 The Applicant may modify, substitute or withdraw its Application after
submission as per the specifications/instructions provided on CPP Portal,
provided that the modification, substitution, or withdrawal is uploaded/done on or
before the specified time on the Application Due Date. No Application shall be
modified, substituted or withdrawn by the Applicant on or after the Application
Due Date.
2.16.2 Any alteration/ modification in the Application or additional information supplied
subsequent to the Application Due Date, unless the same has been expressly
sought for by the Authority, shall be disregarded.
D. EVALUATION PROCESS
2.17 Opening and Evaluation of Applications
2.17.1 The Authority shall open the Applications at 1130 hours IST on the Application
Due Date, at the place specified in Clause 2.13.5 and in the presence of the
Applicants who choose to attend.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 30
2.17.2 Applications which have been withdrawn in accordance with Clause 2.16 shall
not be opened.
2.17.3 The Authority will subsequently examine and evaluate Applications in
accordance with the provisions set out in Section 3.
2.17.4 Applicants are advised that pre-qualification of Applicants will be entirely at the
discretion of the Authority. Applicants will be deemed to have understood and
agreed that no explanation or justification on any aspect of the Bidding Process or
selection will be given.
2.17.5 Any information contained in the Application shall not in any way be construed
as binding on the Authority, its agents, successors or assigns, but shall be binding
against the Applicant if the Project is subsequently awarded to it on the basis of
such information.
2.17.6 The Authority reserves the right not to proceed with the Bidding Process at any
time without notice or liability and to reject any or all Application(s) without
assigning any reasons.
2.17.7 If any information furnished by the Applicant is found to be incomplete, or
contained in formats other than those specified herein, the Authority may, in its
sole discretion, exclude the relevant details from computation of Financial
Capacity of the Applicant.
2.17.8 In the event that an Applicant claims credit towards Financial Capacity, and such
claim is determined by the Authority as incorrect or erroneous, the Authority shall
reject such claim and exclude the same from computation of the Financial
Capacity, and may also, while computing the Financial Capacity of the Applicant,
make a further deduction equivalent to the claim rejected hereunder. Where any
information is found to be patently false or amounting to a material
misrepresentation, the Authority reserves the right to reject the Application and/
or Bid in accordance with the provisions of Clauses 2.7.2 and 2.7.3.
2.18 Confidentiality
Information relating to the examination, clarification, evaluation, and
recommendation for the short-listed pre-qualified Applicants shall not be
disclosed to any person who is not officially concerned with the process or is not
a retained professional advisor advising the Authority in relation to, or matters
arising out of, or concerning the Bidding Process. The Authority will treat all
information, submitted as part of Application, in confidence and will require all
those who have access to such material to treat the same in confidence. The
Authority may not divulge any such information unless it is directed to do so by
any statutory entity that has the power under law to require its disclosure or is to
enforce or assert any right or privilege of the statutory entity and/ or the Authority
or as may be required by law or in connection with any legal process.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 31
2.19 Tests of responsiveness
2.19.1 Prior to evaluation of Applications, the Authority shall determine whether each
Application is responsive to the requirements of the RFQ. An Application shall be
considered responsive if:
(a) it is received as per format at Appendix-I;
(b) it is received by the Application Due Date including any extension thereof
pursuant to Clause 2.14.2;
(c) it is signed as stipulated in Clauses 2.12 and 2.13;
(d) it is accompanied by the Power of Attorney as specified in Clause 2.2.5,
and in the case of a Consortium, the Power of Attorney as specified in
Clause 2.2.6 (c);
(e) it contains all the information and documents (complete in all respects) as
requested in this RFQ;
(f) it contains information in formats same as those specified in this RFQ;
(g) it contains certificates from its statutory auditors$ in the formats specified
at Appendix-I of the RFQ;
(h) it contains an attested copy of the receipt of the Authority towards the cost
of the RFQ process as specified in Clause 1.2.1;
(i) it is accompanied by the Jt. Bidding Agreement (for Consortium), specific
to the Project, as stipulated in Clause 2.2.6(g);
(j) it does not contain any condition or qualification;
(k) the original documents specified under Clause 2.13.4 have been submitted
by the Bidder as stipulated under Clause 2.12 and 2.13;
(l) the Applicant has paid to the Authority, the cost of the RFQ process as
required under Clause 1.2.1; and
(m) it is not non-responsive in terms hereof.
2.19.2 The Authority reserves the right to reject any Application which is non-responsive
and no request for alteration, modification, substitution or withdrawal shall be
entertained by the Authority in respect of such Application. Provided, however,
that the Authority may, in its discretion, allow the Applicant to rectify any
$In case duly certified audited annual financial statements containing the requisite details are provided, a
separate certification by statutory auditors would not be necessary in respect of Clause 2.19.1 (g). In
jurisdictions that do not have statutory auditors, the firm of auditors which audits the annual accounts of the
Applicant may provide the certificates required under this RFQ.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 32
infirmities or omissions if the same do not constitute a material modification of
the Application.
2.20 Clarifications
2.20.1 To facilitate evaluation of Applications, the Authority may, at its sole discretion,
seek clarifications from any Applicant regarding its Application. Such
clarification(s) shall be provided within the time specified by the Authority for
this purpose. Any request for clarification(s) and all clarification(s) in response
thereto shall be in writing.
2.20.2 If an Applicant does not provide clarifications sought under Clause 2.20.1 above
within the prescribed time, its Application shall be liable to be rejected. In case
the Application is not rejected, the Authority may proceed to evaluate the
Application by construing the particulars requiring clarification to the best of its
understanding, and the Applicant shall be barred from subsequently questioning
such interpretation of the Authority.
E. QUALIFICATION AND BIDDING
2.21 Short-listing and notification
After the evaluation of Applications, the Authority would announce a list of short-
listed pre-qualified Applicants (Bidders) who will be eligible for participation in
the Bid Stage. At the same time, the Authority would notify the other Applicants
that they have not been short-listed. The Authority will not entertain any query or
clarification from Applicants who fail to qualify.
2.22 Submission of Bids
The Bidders will be requested to submit a Bid in the form and manner to be set
out in the Bidding Documents.
Only pre-qualified Applicants shall be invited by the Authority to submit their
Bids for the Project. The Authority is likely to provide a comparatively short time
span for submission of the Bids for the Project. The Applicants are therefore
advised to visit the site and familiarise themselves with the Project by the time of
submission of the Application. No extension of time is likely to be considered for
submission of Bids pursuant to invitation that may be issued by the Authority.
2.23 Proprietary data
All documents and other information supplied by the Authority or submitted by
an Applicant to the Authority shall remain or become the property of the
Authority. Applicants are to treat all information as strictly confidential and shall
not use it for any purpose other than for preparation and submission of their
Application. The Authority will not return any Application or any information
provided along therewith.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 33
2.24 Correspondence with the Applicant
Save and except as provided in this RFQ, the Authority shall not entertain any
correspondence with any Applicant in relation to the acceptance or rejection of
any Application.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 34
3. CRITERIA FOR EVALUATION
3.1 Evaluation parameters
3.1.1 Only those Applicants who meet the eligibility criteria specified in Clauses 2.2.2
and 2.2.3 shall qualify for evaluation under this Section 3. Applications of firms/
consortia who do not meet these criteria shall be rejected.
3.1.2 The Applicant‟s competence and capability is proposed to be established by the
Financial Capacity.
3.2 Financial information for purposes of evaluation
3.2.1 The Application must be accompanied by the Audited Annual Reports of the
Applicant (of each Member in case of a Consortium) for the last 5 (five) financial
years, preceding the year in which the Application is made.
3.2.2 In case the annual accounts for the latest financial year are not audited and
therefore the Applicant cannot make it available, the Applicant shall give an
undertaking to this effect and the statutory auditor shall certify the same. In such a
case, the Applicant shall provide the Audited Annual Reports for 5 (five) years
preceding the year for which the Audited Annual Report is not being provided.
3.2.3 The Applicant must establish the minimum Net Worth/ ACI specified in Clause
2.2.2 (A) and provide details as per format at Annex-II of Appendix-I.
3.3 Short-listing of Applicants
All the Applicants who fulfill the conditions of Eligibility specified in Clause
2.2.2 and meet the other conditions specified in this RFQ shall then be ranked on
the basis of their respective Net Worth/ ACI and short-listed for submission of
Bids.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 35
4. FRAUD AND CORRUPT PRACTICES
4.1 The Applicants and their respective officers, employees, agents and advisers shall
observe the highest standard of ethics during the Bidding Process.
Notwithstanding anything to the contrary contained herein, the Authority may
reject an Application without being liable in any manner whatsoever to the
Applicant if it determines that the Applicant has, directly or indirectly or through
an agent, engaged in corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice in the Bidding Process.
4.2 Without prejudice to the rights of the Authority under Clause 4.1 hereinabove, if
an Applicant is found by the Authority to have directly or indirectly or through an
agent, engaged or indulged in any corrupt practice, fraudulent practice, coercive
practice, undesirable practice or restrictive practice during the Bidding Process,
such Applicant shall not be eligible to participate in any tender or RFQ issued by
the Authority during a period of 2 (two) years from the date such Applicant is
found by the Authority to have directly or indirectly or through an agent, engaged
or indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as the case may be.
4.3 For the purposes of this Clause 4, the following terms shall have the meaning
hereinafter respectively assigned to them:
(a) “corrupt practice” means (i) the offering, giving, receiving, or soliciting,
directly or indirectly, of anything of value to influence the actions of any
person connected with the Bidding Process (for avoidance of doubt,
offering of employment to, or employing, or engaging in any manner
whatsoever, directly or indirectly, any official of the Authority who is or
has been associated in any manner, directly or indirectly, with the Bidding
Process or the LOA or has dealt with matters concerning the Concession
Agreement or arising there from, before or after the execution thereof, at
any time prior to the expiry of one year from the date such official resigns
or retires from or otherwise ceases to be in the service of the Authority,
shall be deemed to constitute influencing the actions of a person
connected with the Bidding Process); or (ii) save and except as permitted
under sub clause (d) of Clause 2.2.1, engaging in any manner whatsoever,
whether during the Bidding Process or after the issue of the LOA or after
the execution of the Concession Agreement, as the case may be, any
person in respect of any matter relating to the Project or the LOA or the
Concession Agreement, who at any time has been or is a legal, financial
or technical adviser of the Authority in relation to any matter concerning
the Project;
(b) “fraudulent practice” means a misrepresentation or omission of facts or
suppression of facts or disclosure of incomplete facts, in order to influence
the Bidding Process;
(c) “coercive practice” means impairing or harming or threatening to impair
or harm, directly or indirectly, any person or property to influence any
person‟s participation or action in the Bidding Process;
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 36
(d) “undesirable practice” means (i) establishing contact with any person
connected with or employed or engaged by the Authority with the
objective of canvassing, lobbying or in any manner influencing or
attempting to influence the Bidding Process; or (ii) having a Conflict of
Interest; and
(e) “restrictive practice” means forming a cartel or arriving at any
understanding or arrangement among Applicants with the objective of
restricting or manipulating a full and fair competition in the Bidding
Process.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 37
5. PRE-APPLICATION CONFERENCE
5.1 A Pre-Application Conference of the interested parties shall be convened at the
designated date, time and place. Only those persons who have purchased the RFQ
document shall be allowed to participate in the Pre-Application Conference. A
maximum of three representatives of each Applicant shall be allowed to
participate on production of authority letter from the Applicant.
5.2 During the course of Pre-Application Conference, the Applicants will be free to
seek clarifications and make suggestions for consideration of the Authority. The
Authority shall endeavour to provide clarifications and such further information
as it may, in its sole discretion, consider appropriate for facilitating a fair,
transparent and competitive Bidding Process.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 38
6. MISCELLANEOUS
6.1 The Bidding Process shall be governed by, and construed in accordance with, the
laws of India and the courts in the State in which the Authority has its
headquarters shall have exclusive jurisdiction over all disputes arising under,
pursuant to and/ or in connection with the Bidding Process.
6.2 The Authority, in its sole discretion and without incurring any obligation or
liability, reserves the right, at any time, to;
(a) suspend and/ or cancel the Bidding Process and/ or amend and/ or
supplement the Bidding Process or modify the dates or other terms and
conditions relating thereto;
(b) consult with any Applicant in order to receive clarification or further
information;
(c) pre-qualify or not to pre-qualify any Applicant and/ or to consult with any
Applicant in order to receive clarification or further information;
(d) retain any information and/ or evidence submitted to the Authority by, on
behalf of, and/ or in relation to any Applicant; and/ or
(e) independently verify, disqualify, reject and/ or accept any and all
submissions or other information and/ or evidence submitted by or on behalf
of any Applicant.
6.3 It shall be deemed that by submitting the Application, the Applicant agrees and
releases the Authority, its employees, agents and advisers, irrevocably,
unconditionally, fully and finally from any and all liability for claims, losses,
damages, costs, expenses or liabilities in any way related to or arising from the
exercise of any rights and/ or performance of any obligations hereunder and the
Bidding Documents, pursuant hereto, and/ or in connection with the Bidding
Process, to the fullest extent permitted by applicable law, and waives any and all
rights and/ or claims it may have in this respect, whether actual or contingent,
whether present or in future.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 39
Appendices
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 40
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 41
APPENDIX-I
Letter Comprising the Application for Pre-Qualification (Refer Clause 2.13.3)
Dated:
To,
…………………..
…………………..
Sub: Application for pre-qualification for the Passenger Train Operations Cluster 9
(Secunderbad)
Dear Sir,
With reference to your RFQ document dated ……….., I/we, having examined the
RFQ document and understood its contents, hereby submit my/our Application for
Qualification for the aforesaid Project. The Application is unconditional and unqualified.
2. I/ We acknowledge that the Authority will be relying on the information provided
in the Application and the documents accompanying such Application for pre-
qualification of the Applicants for the aforesaid project, and we certify that all
information provided in the Application and in Annexes I to III is true and
correct; nothing has been omitted which renders such information misleading; and
all documents accompanying such Application are true copies of their respective
originals.
3. This statement is made for the express purpose of qualifying as a Bidder for the
designing, engineering, procurement, financing, construction or upgradation,
operation and maintenance of the aforesaid Project.
4. I/ We shall make available to the Authority any additional information it may find
necessary or require to supplement or authenticate the Qualification statement.
5. I/ We acknowledge the right of the Authority to reject our Application without
assigning any reason or otherwise and hereby waive, to the fullest extent
permitted by applicable law, our right to challenge the same on any account
whatsoever.
6. I/ We certify that in the last three years, we/ any of the Consortium Members or
our/ their Associates have neither failed to perform on any contract, as evidenced
by imposition of a penalty by an arbitral or judicial authority or a judicial
pronouncement or arbitration award, nor been expelled from any project or
contract by any public authority nor have had any contract terminated by any
public authority for breach on our part.
7. I/ We declare that:
(a) I/ We have examined and have no reservations to the RFQ document,
including any Addendum issued by the Authority;
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 42
Appendix I
Page 2
b) I/ We do not have any conflict of interest in accordance with Clauses
2.2.1(c) and 2.2.1(d) of the RFQ document;
(c) I/We have not directly or indirectly or through an agent engaged or
indulged in any corrupt practice, fraudulent practice, coercive practice,
undesirable practice or restrictive practice, as defined in Clause 4.3 of the
RFQ document, in respect of any tender or request for proposal issued by
or any agreement entered into with the Authority or any other public
sector enterprise or any government, Central or State; and
(d) I/ We hereby certify that we have taken steps to ensure that in conformity
with the provisions of Section 4 of the RFQ document, no person acting
for us or on our behalf has engaged or will engage in any corrupt practice,
fraudulent practice, coercive practice, undesirable practice or restrictive
practice.
8. I/ We understand that you may cancel the Bidding Process at any time and that
you are neither bound to accept any Application that you may receive nor to invite
the Applicants to Bid for the Project, without incurring any liability to the
Applicants, in accordance with Clause 2.17.6 of the RFQ document.
9. I/ We believe that we/ our Consortium/ proposed Consortium satisfy(s) the
Financial Capacity criteria and meet(s) all the requirements as specified in the
RFQ document and am/ are qualified to submit a Bid.
10. I/ We declare that we/ any Member of the Consortium, or our/ its Associates are
not a Member of a/ any other Consortium applying for pre-qualification.
11. I/ We certify that in regard to matters other than security and integrity of the
country, we/ any Member of the Consortium or any of our/ their Associates have
not been convicted by a court or indicted or adverse orders passed by a regulatory
authority which could cast a doubt on our ability to undertake the Project or which
relates to a grave offence that outrages the moral sense of the community.
12. I/ We further certify that in regard to matters relating to security and integrity of
the country, we/ any Member of the Consortium or any of our/ their Associates
have not been charge-sheeted by any agency of the Government or convicted by a
court.
13. I/ We further certify that no investigation by a regulatory authority is pending
either against us/ any Member of the Consortium or against our/ their Associates
or against our CEO or any of our directors/ managers/ employees.£
£ In case the Applicant is unable to provide the certification specified in paragraph 13, it may precede the paragraph by the words viz. “Except as specified in Schedule ……..... hereto”. The exceptions to the
certification or any disclosures relating thereto may be clearly stated in a Schedule to be attached to the
Application. The Authority will consider the contents of such Schedule and determine whether or not the
exceptions/disclosures are material to the suitability of the Applicant for pre-qualification hereunder.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 43
Appendix I
Page 3
14. I/ We further certify that we are qualified to submit a Bid in accordance with the
guidelines for qualification of bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment issued by the GOI vide
Department of Disinvestment OM No. 6/4/2001-DD-II dated 13thJuly, 2001
which guidelines apply mutatis mutandis to the Bidding Process. A copy of the
aforesaid guidelines form part of the RFQ at Appendix-V thereof.
15. I/We further certify that we/ any Member of the Consortium or any of our/ their
Associates are not barred by the Central Government/ State Government or any
entity controlled by it, from participating in any project (BOT or otherwise), and
no bar subsists as on the date of Application.
16. I/ We undertake that in case due to any change in facts or circumstances during
the Bidding Process, we are attracted by the provisions of disqualification in terms
of the provisions of this RFQ, we shall intimate the Authority of the same
immediately.
17. The Statement of Legal Capacity as per format provided at Annex-III in
Appendix-I of the RFQ document, and duly signed, is enclosed. The power of
attorney for signing of Application and the power of attorney for Lead Member of
consortium, as per format provided at Appendix II and III respectively of the
RFQ, are also enclosed.
18. I/ We understand that the selected Bidder shall either be an existing Company
incorporated under the Indian Companies Act, 1956/2013, or shall incorporate as
such prior to execution of the Concession Agreement.
19. I/ We hereby confirm that we shall comply with the O&M requirements specified
in Clause 2.2.3. Details hereof are certified as Appendix-VI.
20. I/We hereby irrevocably waive any right or remedy which we may have at any
stage at law or howsoever otherwise arising to challenge or question any decision
taken by the Authority in connection with the selection of Applicants, selection of
the Bidder, or in connection with the selection/ Bidding Process itself, in respect
of the above mentioned Project and the terms and implementation thereof.
21. I/ We agree and undertake to abide by all the terms and conditions of the RFQ
document.
22. I/ We certify that in terms of the RFQ, my/our Net Worth/ACI is Rs.
……………….. (Rupees …………………………………….).
23. We agree and undertake to be jointly and severally liable for all the obligations of
the Concessionaire under the Concession Agreement till the Concession
Agreement comes into force and effect.$
$This Paragraph 23 shall be omitted if the Applicant is not a Consortium.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 44
In witness thereof, I/we submit this Application under and in accordance with the terms
of the RFQ document.
Yours faithfully,
Date: (Signature, name and designation of the Authorised Signatory)
Place: Name and seal of the Applicant/ Lead Member
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 45
Appendix I
Annex-I
ANNEX-I
Particulars of the Applicant
1. (a) Name:
(b) Country of incorporation:
(c) Address of the corporate headquarters and its branch office(s), if any,
in India:
(d) Date of incorporation and/ or commencement of business:
2. Brief description of the Company including details of its main lines of
business and proposed role and responsibilities in this Project:
3. Particulars of individual(s) who will serve as the point of contact/
communication for the Applicant:
(a) Name:
(b) Designation:
(c) Company:
(d) Address:
(e) Telephone Number:
(f) E-Mail Address:
4. Particulars of the Authorised Signatory of the Applicant:
(a) Name:
(b) Designation:
(c) Address:
(d) Phone Number:
5. In case of a Consortium:
(a) The information above (1-4) should be provided for all the Members of
the Consortium.
(b) A copy of the Jt. Bidding Agreement, as envisaged in Clause 2.2.6(g)
should be attached to the Application.
(c) Information regarding the role of each Member should be provided as
per table below:
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 46
Appendix I
Annex-I
Sl.
No.
Name of Member Role$ Percentage of equity in the
Consortium$$
1.
2.
3.
4.
$The role of each Member, as may be determined by the Applicant, should be indicated in
accordance with Clause 2.2.6 (d) and as per footnote £ at Annex-II.
$$The percentage of equity should be in accordance with Clause 2.2.6 (a), (c) and (g).
6. The following information shall also be provided for the Applicant, including
each Member of the Consortium:
Name of Applicant/ member of Consortium:
No. Criteria Yes No
1. Has the Applicant/ constituent of the Consortium been
barred by the Central/ State Government, or any entity
controlled by it, from participating in any project
(BOT or otherwise)?
2. If the answer to 1 is yes, does the bar subsist as on the
date of Application?
3. Has the Applicant/ constituent of the Consortium paid
liquidated damages of more than 5% of the contract
value in a contract due to delay or has been penalised
due to any other reason in relation to execution of a
contract, in the last three years?
7. A statement by the Applicant and each of the Members of its Consortium
(where applicable) or any of their Associates disclosing material non-
performance or contractual non-compliance in past projects, contractual
disputes and litigation/ arbitration in the recent past is given below (Attach
extra sheets, if necessary):
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 47
Appendix I
Annex-II
ANNEX-II
Financial Capacity of the Applicant
(Refer to Clauses 2.2.2(A), 2.2.4 (i), 2.2.4 (ii) and 3.2 of the RFQ)
(In Rs. crore$)
Applicant
type $$
Member
Code£
Net Cash Accruals Net
Worth/
ACI££
(1)
(2)
Year
1
(3)
Year
2
(4)
Year
3
(5)
Year
4
(6)
Year
5
(7)
Year
1
(8)
Single
entity
Applicant
Consortium
Member 1
Consortium
Member 2
Consortium
Member 3
Consortium
Member 4
TOTAL
Name & address of Applicant’s Bankers:
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 48
Appendix I
Annex-II
$For conversion of US Dollars to Rupees, the rate of conversion shall be Rupees 70
(seventy) to a US Dollar. In case of any other currency, the same shall first be
converted to US Dollars as on the date 60 (sixty) days prior to the Application Due
Date, and the amount so derived in US Dollars shall be converted into Rupees at the
aforesaid rate. The conversion rate of such currencies shall be the daily representative
exchange rates published by the International Monetary Fund for the relevant date.
$$An Applicant consisting of a single entity should fill in details as per the row titled
Single entity Applicant and ignore the rows titled Consortium Members. In case of a
Consortium, row titled Single entity Applicant may be ignored.
£Member Code shall indicate NA for Not Applicable in case of a single entity
Applicant. For other Members, the following abbreviations are suggested viz. LM
means Lead Member, TM means Technical Member, FM means Financial Member,
OMM means Operation & Maintenance Member; and OM means Other Member. In
case the Financial Capacity relates to an Associate of the Applicant or its Member,
write “Associate” along with Member Code.
££
The Applicant should provide details of its own Financial Capacity or of an
Associate specified in Clause 2.2.9.
Instructions:
1. The Applicant/ its constituent Consortium Members shall attach copies of the
balance sheets, financial statements and Annual Reports for 5 (five) years
preceding the Application Due Date. The financial statements shall:
(a) reflect the financial situation of the Applicant or Consortium Members
and its/ their Associates where the Applicant is relying on its
Associate‟s financials;
(b) be audited by a statutory auditor;
(c) be complete, including all notes to the financial statements; and
(d) correspond to accounting periods already completed and audited (no
statements for partial periods shall be requested or accepted).
2. Net Cash Accruals shall mean Profit After Tax + Depreciation. In case the
Applicant is an AIF or Foreign Investment Fund, Net Cash Accruals shall
mean Net Income – (Unrealised Revenue + Unrealised Expenses).
3. Net Worth shall mean (Subscribed and Paid-up Equity + Reserves) less
(Revaluation reserves + miscellaneous expenditure not written off + reserves
not available for distribution to equity shareholders).
4. Year 1 will be the latest completed financial year, preceding the bidding. Year
2 shall be the year immediately preceding Year 1 and so on. In case the
Application Due Date falls within 3 (three) months of the close of the latest
financial year, refer to Clause 2.2.12.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 49
5. In the case of a Consortium, a copy of the Jt. Bidding Agreement shall be
submitted in accordance with Clause 2.2.6 (g) of the RFQ document.
6. The Applicant shall provide an Auditor‟s Certificate specifying the Net Worth
of the Applicant and also specifying the methodology adopted for calculating
such Net Worth in accordance with Clause 2.2.4 (i) of the RFQ document.
7. In case of ACI, the Applicant shall provide certificate (specifying
methodology adopted) issued by statutory auditor (or such other certificate as
filed with the regulator in the relevant jurisdiction) not older than 3 (three)
months prior to the Application Due Date.
8. In the event that credit is being taken for the Financial Capacity of an
Associate, as defined in Clause 2.2.9, the Applicant should also provide a
certificate in the format below:
$ In the event that the Applicant/ Consortium Member exercises control over an Associate by operation
of law or by contract or otherwise, this certificate may be suitably modified and copies of the relevant
law/documents may be enclosed and referred to.
£ In the case of indirect share-holding, the intervening companies in the chain of ownership should also
be Associates i.e., the share-holding in each such company should be more than 50% in order to
establish that the chain of “control” is not broken.
9. It may be noted that in the absence of any detail in the above certificate, the
information would be considered inadequate and could lead to exclusion of the
relevant capacity in computation of Net Worth.
$ In the event that the Applicant/ Consortium Member exercises control over an Associate by operation
of law, this certificate may be suitably modified and copies of the relevant law may be enclosed and referred to.
£ In the case of indirect share-holding, the intervening companies in the chain of ownership should also be Associates i.e., the share-holding in each such company should be more than 50% in order to
establish that the chain of “control” is not broken.
$ In the event that the Applicant/ Consortium Member exercises control over an
Associate by operation of law or by contract or otherwise, this certificate may be
suitably modified and copies of the relevant law/ documents may be enclosed and
referred to.
£ In the case of indirect share-holding, the intervening companies in the chain of
ownership should also be Associates i.e., the share-holding in each such company
should be more than 50% in order to establish that the chain of “control” is not
broken.
Certificate from the Statutory Auditor/ Company Secretary regarding
Associate$
Based on the authenticated record of the Company, this is to certify that more than
50% (fifty per cent) of the subscribed and paid up voting equity of ………………
(name of the Applicant/ Consortium Member/ Associate) is held, directly or
indirectly£, by ……………….. (name of Associate/ Applicant/ Consortium Member).
By virtue of the aforesaid share-holding, the latter exercises control over the former,
who is an Associate in terms of Clause 2.2.9 of the RFQ.
A brief description of the said equity held, directly or indirectly, is given below:
{Describe the share-holding of the Applicant/ Consortium Member and the
Associate. In the event the Associate is under common control with the Applicant/
Consortium Member, the relationship may be suitably described and similarly
certified herein.}
Name of the audit firm:
Seal of the audit firm: (Signature, name and designation of Date:
the authorised signatory).
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 50
ANNEX-III
Statement of Legal Capacity
(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)
Ref. Date:
To,
…………………….
……………………..
……………………..
Dear Sir,
We hereby confirm that we/ our members in the Consortium (constitution of which
has been described in the Application) satisfy the terms and conditions laid out in the
RFQ document.
We have agreed that ……………………(insert member‟s name) will act as the Lead
Member of our consortium.$
We have agreed that …………………..(insert individual‟s name) will act as our
representative/ will act as the representative of the consortium on its behalf$ and has
been duly authorized to submit the RFQ. Further, the authorised signatory is vested
with requisite powers to furnish such letter and authenticate the same.
Thanking you,
Yours faithfully,
(Signature, name and designation of the authorised signatory)
For and on behalf of……………………………..
$Please strike out whichever is not applicable.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 51
APPENDIX-II
Power of Attorney for signing of Application and Bid$
(Refer Clause 2.2.5)
Know all men by these presents, We……………………………………………..
(name of the firm and address of the registered office) do hereby irrevocably
constitute, nominate, appoint and authorise Mr/ Ms (name), ……………………
son/daughter/wife of ……………………………… and presently residing at
…………………., who is presently employed with us/ the Lead Member of our
Consortium and holding the position of ……………………………., as our true and
lawful attorney (hereinafter referred to as the “Attorney”) to do in our name and on
our behalf, all such acts, deeds and things as are necessary or required in connection
with or incidental to submission of our application for pre-qualification and
submission of our bid for the Passenger Train Operations in Cluster 9 (Secunderbad)
Project proposed or being developed by the …………………….................. (the
“Authority”) including but not limited to signing and submission of all applications,
bids and other documents and writings, participate in Pre-Applications and other
conferences and providing information/ responses to the Authority, representing us in
all matters before the Authority, signing and execution of all contracts including the
Concession Agreement and undertakings consequent to acceptance of our bid, and
generally dealing with the Authority in all matters in connection with or relating to or
arising out of our bid for the said Project and/ or upon award thereof to us and/or till
the entering into of the Concession Agreement with the Authority.
AND we hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred shall
and shall always be deemed to have been done by us.
IN WITNESS WHEREOF WE,…………………………., THE ABOVE NAMED
PRINCIPAL HAVE EXECUTED THIS POWER OF ATTORNEY ON THIS ………
DAY OF ………….2…..
For
…………………………..
(Signature, name, designation and address)
Witnesses:
1.
(Notarised)
$ To be submitted in original.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 52
2.
Appendix II
Page 2
Accepted
……………………………
(Signature)
(Name, Title and Address of the Attorney)
Notes:
§ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executant(s) and when it is so required, the same should be under common
seal affixed in accordance with the required procedure.
§ Wherever required, the Applicant should submit for verification the extract of the
charter documents and documents such as a board or shareholders’ resolution/
power of attorney in favour of the person executing this Power of Attorney for the
delegation of power hereunder on behalf of the Applicant.
§ For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Applicants from countries that have signed the Hague Legislation
Convention 1961 are not required to be legalised by the Indian Embassy if it
carries a conforming Appostille certificate.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 53
APPENDIX-III
Power of Attorney for Lead Member of Consortium$
(Refer Clause 2.2.5)
Whereas the ………………………………..(“the Authority”) has invited applications
from interested parties for the Passenger Train Operations in Cluster 9 (Secunderbad)
Project(the “Project”).
Whereas,…………………….., ……………………..,……………………..and
…………………….. (collectively the “Consortium”) being Members of the
Consortium are interested in bidding for the Project in accordance with the terms and
conditions of the Request for Qualification document (RFQ), Request for Proposal
(RFP)and other connected documents in respect of the Project, and
Whereas, it is necessary for the Members of the Consortium to designate one of them
as the Lead Member with all necessary power and authority to do for and on behalf of
the Consortium, all acts, deeds and things as may be necessary in connection with the
Consortium‟s bid for the Project and its execution.
NOW THEREFORE KNOW ALL MEN BY THESE PRESENTS
We,……………………..having our registered office at……………………..,M/s.
……………………..having our registered office at……………………..,M/s.
……………………..having our registered office at ……………………..,and
……………………..having our registered office at……………………..,(hereinafter
collectively referred to as the “Principals”) do hereby irrevocably designate,
nominate, constitute, appoint and authorise M/S……………………..having its
registered office at……………………..,being one of the Members of the Consortium,
as the Lead Member and true and lawful attorney of the Consortium (hereinafter
referred to as the “Attorney”). We hereby irrevocably authorise the Attorney (with
power to sub-delegate) to conduct all business for and on behalf of the Consortium
and any one of us during the bidding process and, in the event the Consortium is
awarded the concession/contract, during the execution of the Project and in this
regard, to do on our behalf and on behalf of the Consortium, all or any of such acts,
deeds or things as are necessary or required or incidental to the pre-qualification of
the Consortium and submission of its bid for the Project, including but not limited to
signing and submission of all applications, bids and other documents and writings,
accept the Letter of Award, participate in bidders‟ and other conferences, respond to
queries, submit information/ documents, sign and execute contracts and undertakings
consequent to acceptance of the bid of the Consortium and generally to represent the
Consortium in all its dealings with the Authority, and/ or any other Government
Agency or any person, in all matters in connection with or relating to or arising out of
the Consortium‟s bid for the Project and/ or upon award thereof till the Concession
Agreement is entered into with the Authority.
$To be submitted in original.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 54
Appendix III
Page 2
AND hereby agree to ratify and confirm and do hereby ratify and confirm all acts,
deeds and things done or caused to be done by our said Attorney pursuant to and in
exercise of the powers conferred by this Power of Attorney and that all acts, deeds
and things done by our said Attorney in exercise of the powers hereby conferred shall
and shall always be deemed to have been done by us/ Consortium.
IN WITNESS WHEREOF WE THE PRINCIPALS ABOVE NAMED HAVE
EXECUTED THIS POWER OF ATTORNEY ON THIS …………………. DAY OF
……….2..…
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
For ……………………..
(Signature)
……………………..
(Name & Title)
Witnesses:
1.
2.
………………………………………
(Executants)
(To be executed by all the Members of the Consortium)
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 55
Appendix III
Page 3
Notes:
§ The mode of execution of the Power of Attorney should be in accordance with the
procedure, if any, laid down by the applicable law and the charter documents of
the executant(s) and when it is so required, the same should be under common
seal affixed in accordance with the required procedure.
§ Also, wherever required, the Applicant should submit for verification the extract
of the charter documents and documents such as a board or shareholders’
resolution/ power of attorney in favour of the person executing this Power of
Attorney for the delegation of power hereunder on behalf of the Applicant.
§ For a Power of Attorney executed and issued overseas, the document will also
have to be legalised by the Indian Embassy and notarised in the jurisdiction
where the Power of Attorney is being issued. However, the Power of Attorney
provided by Applicants from countries that have signed the Hague Legislation
Convention 1961 are not required to be legalised by the Indian Embassy if it
carries a conforming Appostille certificate.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 56
APPENDIX-IV
Joint Bidding Agreement (Refer Clause 2.13.3)
(To be executed on Stamp paper of appropriate value)
THIS JOINT BIDDING AGREEMENT is entered into on this the ………… day of
………… 20…
AMONGST
1. ………… Limited, a company incorporated under the Companies Act,
1956/2013¥ and having its registered office at ………… (hereinafter referred
to as the “First Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)
AND
2. ………… Limited, a company incorporated under the Companies Act,
1956/2013 and having its registered office at ………… (hereinafter referred to
as the “Second Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)
AND
3. {………… Limited, a company incorporated under the Companies Act,
1956/2013 and having its registered office at ………… (hereinafter referred to
as the “Third Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)}
AND
4. {………… Limited, a company incorporated under the Companies Act,
1956/2013 and having its registered office at ………… (hereinafter referred to
as the “Fourth Part” which expression shall, unless repugnant to the context
include its successors and permitted assigns)}$
The above mentioned parties of the FIRST, SECOND, {THIRD and
FOURTH} PART are collectively referred to as the “Parties” and each is
individually referred to as a “Party”
WHEREAS,
(A) The Ministry of Railways, Government of India
¥A Bidder who is registered abroad may substitute the words, viz “a company registered under the Companies Act, 1956/2013” by the words, viz “a company duly organised and validly existing under
the laws of the jurisdiction of its incorporation”. A similar modification may be made in Recital 2, as
necessary. $ The number of Parties will be shown here, as applicable, subject however to a maximum of 6 (six).
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 57
Appendix IV
Page 2
(hereinafter referred to as the “Authority” which expression shall, unless
repugnant to the context or meaning thereof, include its administrators,
successors and assigns) has invited applications (the Applications”) by its
Request for Qualification No. ………… dated …………(the “RFQ”) for pre-
qualification and short-listing of bidders for development, operation and
maintenance of the Passenger Train Operations in Cluster 9 (Secunderbad)
Project (the “Project”) through public private partnership.
(B) The Parties are interested in jointly bidding for the Project as members of a
Consortium and in accordance with the terms and conditions of the RFQ
document and other bid documents in respect of the Project, and
(C) It is a necessary condition under the RFQ document that the members of the
Consortium shall enter into a Joint Bidding Agreement and furnish a copy
thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
1. Definitions and Interpretations
In this Agreement, the capitalised terms shall, unless the context otherwise
requires, have the meaning ascribed thereto under the RFQ.
2. Consortium
2.1 The Parties do hereby irrevocably constitute a consortium (the “Consortium”)
for the purposes of jointly participating in the Bidding Process for the Project.
2.2 The Parties hereby undertake to participate in the Bidding Process only
through this Consortium and not individually and/ or through any other
consortium constituted for this Project, either directly or indirectly or through
any of their Associates.
3. Covenants
The Parties hereby undertake that in the event the Consortium is declared the
selected Bidder and awarded the Project, it shall incorporate a special purpose
vehicle (the “SPV”) under the Indian Companies Act, 2013 for entering into a
Concession Agreement with the Authority and for performing all its
obligations as the Concessionaire in terms of the Concession Agreement for
the Project.
4. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as
described below:
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 58
Appendix IV
Page 3
(a) Party of the First Part shall be the Lead member of the Consortium and
shall have the power of attorney from all Parties for conducting all
business for and on behalf of the Consortium during the Bidding
Process and until the Appointed Date under the Concession Agreement
when all the obligations of the SPV shall become effective;
(b) Party of the Second Part shall be {the Technical Member of the
Consortium;}
{(c) Party of the Third Part shall be the Financial Member of the
Consortium; and}
{(d) Party of the Fourth Part shall be the Operation and Maintenance
Member/ Other Member of the Consortium.}
5. Joint and Several Liability
The Parties do hereby undertake to be jointly and severally responsible for all
obligations and liabilities relating to the Project and in accordance with the
terms of the RFQ, RFP and the Concession Agreement, till such time as the
Financial Close for the Project is achieved under and in accordance with the
Concession Agreement.
6. Shareholding in the SPV
6.1 The Parties agree that the proportion of shareholding among the Parties in the
SPV shall be as follows:
First Party:
Second Party:
{Third Party:}
{Fourth Party:}
6.2 The Parties undertake that a minimum of 26% (twenty six per cent) of the
subscribed and paid up equity share capital of the SPV shall, at all times till
the second anniversary of the date of commercial operation of the Project, be
held by the Parties of the First, {Second and Third} Part whose Net
Worth/ACI have been reckoned for the purposes of qualification and short-
listing of Applicants for the Project in terms of the RFQ.
6.3 The Parties undertake that each of the Parties specified in Clause 6.2 above
shall, at all times between the commercial operation date of the Project and the
second anniversary thereof, hold subscribed and paid up equity share capital of
SPV equivalent to at least 5% (five per cent) of the Total Project Cost.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 59
Appendix IV
Page 4
6.4 The Parties undertake that they shall collectively hold at least 51% (fifty one
per cent) of the subscribed and paid up equity share capital of the SPV at all
times until the second anniversary of the commercial operation date of the
Project.
6.5 The Parties undertake that they shall comply with all equity lock-in
requirements set forth in the Concession Agreement.
7. Representation of the Parties
Each Party represents to the other Parties as of the date of this Agreement that:
(a) Such Party is duly organised, validly existing and in good standing
under the laws of its incorporation and has all requisite power and
authority to enter into this Agreement;
(b) The execution, delivery and performance by such Party of this
Agreement has been authorised by all necessary and appropriate
corporate or governmental action and a copy of the extract of the
charter documents and board resolution/ power of attorney in favour of
the person executing this Agreement for the delegation of power and
authority to execute this Agreement on behalf of the Consortium
Member is annexed to this Agreement, and will not, to the best of its
knowledge:
(i) require any consent or approval not already obtained;
(ii) violate any Applicable Law presently in effect and having
applicability to it;
(iii) violate the memorandum and articles of association, by-laws or
other applicable organisational documents thereof;
(iv) violate any clearance, permit, concession, grant, license or
other governmental authorisation, approval, judgement, order
or decree or any mortgage agreement, indenture or any other
instrument to which such Party is a party or by which such
Party or any of its properties or assets are bound or that is
otherwise applicable to such Party; or
(v) create or impose any liens, mortgages, pledges, claims, security
interests, charges or encumbrances or obligations to create a
lien, charge, pledge, security interest, encumbrances or
mortgage in or on the property of such Party, except for
encumbrances that would not, individually or in the aggregate,
have a material adverse effect on the financial condition or
prospects or business of such Party so as to prevent such Party
from fulfilling its obligations under this Agreement;
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 60
Appendix IV
Page 5
(c) this Agreement is the legal and binding obligation of such Party,
enforceable in accordance with its terms against it; and
(d) there is no litigation pending or, to the best of such Party's knowledge,
threatened to which it or any of its Associates is a party that presently
affects or which would have a material adverse effect on the financial
condition or prospects or business of such Party in the fulfillment of its
obligations under this Agreement.
8. Termination
This Agreement shall be effective from the date hereof and shall continue in
full force and effect until the Financial Close of the Project is achieved under
and in accordance with the Concession Agreement, in case the Project is
awarded to the Consortium. However, in case the Consortium is either not pre-
qualified for the Project or does not get selected for award of the Project, the
Agreement will stand terminated in case the Applicant is not pre-qualified or
upon return of the Bid Security by the Authority to the Bidder, as the case may
be.
9. Miscellaneous
9.1 This Joint Bidding Agreement shall be governed by laws of India.
9.2 The Parties acknowledge and accept that this Agreement shall not be amended
by the Parties without the prior written consent of the Authority.
IN WITNESS WHEREOF THE PARTIES ABOVE NAMED HAVE EXECUTED
AND DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE
WRITTEN.
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of
LEAD MEMBER by: SECOND PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 61
(Address) (Address)
SIGNED, SEALED AND DELIVERED SIGNED, SEALED AND DELIVERED
For and on behalf of For and on behalf
of
THIRD PART FOURTH PART
(Signature) (Signature)
(Name) (Name)
(Designation) (Designation)
(Address) (Address)
In the presence of:
1. 2.
Notes:
1. The mode of the execution of the Joint Bidding Agreement should be in
accordance with the procedure, if any, laid down by the Applicable Law and
the charter documents of the executant(s) and when it is so required, the same
should be under common seal affixed in accordance with the required
procedure.
2. Each Joint Bidding Agreement should attach a copy of the extract of the
charter documents and documents such as resolution / power of attorney in
favour of the person executing this Agreement for the delegation of power
and authority to execute this Agreement on behalf of the Consortium
Member.
3. For a Joint Bidding Agreement executed and issued overseas, the document
shall be legalised by the Indian Embassy and notarized in the jurisdiction
where the Power of Attorney has been executed.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 62
APPENDIX-V
Guidelines of the Department of Disinvestment
(Refer Clause1.2.1)
No. 6/4/2001-DD-II
Government of India
Department of Disinvestment
Block 14, CGO Complex
New Delhi.
Dated 13thJuly, 2001.
OFFICE MEMORANDUM
Sub: Guidelines for qualification of Bidders seeking to acquire stakes in Public Sector
Enterprises through the process of disinvestment
Government has examined the issue of framing comprehensive and transparent
guidelines defining the criteria for bidders interested in PSE-disinvestment so that the
parties selected through competitive bidding could inspire public confidence. Earlier,
criteria like Net Worth, experience etc. used to be prescribed. Based on experience
and in consultation with concerned departments, Government has decided to prescribe
the following additional criteria for the qualification/ disqualification of the parties
seeking to acquire stakes in public sector enterprises through disinvestment:
(a) In regard to matters other than the security and integrity of the country,
any conviction by a Court of Law or indictment/ adverse order by a
regulatory authority that casts a doubt on the ability of the bidder to
manage the public sector unit when it is disinvested, or which relates to a
grave offence would constitute disqualification. Grave offence is defined
to be of such a nature that it outrages the moral sense of the community.
The decision in regard to the nature of the offence would be taken on case
to case basis after considering the facts of the case and relevant legal
principles, by the Government of India.
(b) In regard to matters relating to the security and integrity of the country,
any charge-sheet by an agency of the Government/ conviction by a Court
of Law for an offence committed by the bidding party or by any sister
concern of the bidding party would result in disqualification. The decision
in regard to the relationship between the sister concerns would be taken,
based on the relevant facts and after examining whether the two concerns
are substantially controlled by the same person/ persons.
(c) In both (a) and (b), disqualification shall continue for a period that
Government deems appropriate.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 63
Appendix V
Page-2
(d) Any entity, which is disqualified from participating in the disinvestment
process, would not be allowed to remain associated with it or get
associated merely because it has preferred an appeal against the order
based on which it has been disqualified. The mere pendency of appeal will
have no effect on the disqualification.
(e) The disqualification criteria would come into effect immediately and
would apply to all bidders for various disinvestment transactions, which
have not been completed as yet.
(f) Before disqualifying a concern, a Show Cause Notice why it should not be
disqualified would be issued to it and it would be given an opportunity to
explain its position.
(g) Henceforth, these criteria will be prescribed in the advertisements seeking
Expression of Interest (EOI) from the interested parties. The interested
parties would be required to provide the information on the above criteria,
along with their Expressions of Interest (EOI).The bidders shall be
required to provide with their EOI an undertaking to the effect that no
investigation by a regulatory authority is pending against them. In case any
investigation is pending against the concern or its sister concern or against
its CEO or any of its Directors/ Managers/ employees, full details of such
investigation including the name of the investigating agency, the charge/
offence for which the investigation has been launched, name and
designation of persons against whom the investigation has been launched
and other relevant information should be disclosed, to the satisfaction of
the Government. For other criteria also, a similar undertaking shall be
obtained along with EOI.
sd/-
(A.K. Tewari)
Under Secretary to the Government of India
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 64
APPENDIX-VI
Operation and Maintenance Experience
(To be forwarded on the letterhead of the Applicant/ Lead Member of Consortium)
Ref. Date:
To,
…………………….
……………………..
……………………..
Dear Sir,
We hereby confirm that we/ our members in the Consortium (constitution of which
has been described in the Application) satisfy the terms and conditions laid out in the
RFQ document No. ………… dated ………… (the “RFQ”) for pre-qualification and
short-listing of bidders for development, operation and maintenance of the Passenger
Train Operations in Cluster 9 (Secunderbad) Project (the “Project”) through public
private partnership.
We further certify that we have the requisite O&M experience of operating and
maintaining the railway rolling stock including locomotives, trains, electric multiple
units, diesel multiple units for discharging O&M obligations in accordance with the
provisions of the Concession Agreement, failing which the Concession Agreement
shall be liable to termination
OR
We further certify that we shall either enter into an agreement, for a period of 5 (five)
years from the commercial operation date of the Project (COD), with an entity having
the requisite O&M experience of operating and maintaining the railway rolling stock
including locomotives, trains, electric multiple units, diesel multiple units for
discharging O&M obligations in accordance with the provisions of the Concession
Agreement, failing which the Concession Agreement shall be liable to termination.
OR
We further certify that we shall engage experienced and qualified personnel having
the requisite O&M experience of operating and maintaining the railway rolling stock
including locomotives, trains, electric multiple units, diesel multiple units for
discharging O&M obligations in accordance with the provisions of the Concession
Agreement, failing which the Concession Agreement shall be liable to termination$.
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 65
_____________________________________ $ strike out the paragraph that is not applicable
Thanking you.
Yours faithfully.
Authorised Signatory
(Signature, name and designation of the authorised signatory)
For and on behalf of
…………………….
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 66
APPENDIX-VII
Cluster 1: Mumbai -1
S.
No
Station
From & Time of
departure
(hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time
(hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 Kalburgi (Gulbarga) (2100)
Exc. W Mumbai Area (0600)
9'00 Exc.Th 497 6 days
2 Mumbai Area (0615)
Exc.Th Kalburgi (Gulbarga) (1455)
8'40'' Exc.Th 497 6 days
3
Mumbai Area (0735)
Exc. Th Nagpur(1805) 10'30 Exc.Th 820 6 days
4 Nagpur(2055) Exc. Th Mumbai Area (0800)
11'05 Exc.F 820 6 days
5 Mumbai Area(1025)
Exc. W Madgaon (1740) 7'15 Exc.W 520 6 days
6 Madgaon (2140) Exc. W Mumbai Area
(0500)
7'20 Exc.Th 520 6 days
7 Mumbai Area
(1310)
W Nagpur (2330) 10'20'' W 820 Weekly
8 Nagpur (2055) Th Mumbai Area
(0730)
10'35'' F 820 Weekly
9 Mumbai Area (0545)
Daily Varanasi Area (0630)
24'45 Daily 1496 Daily
10 Varanasi Area (0840)
Daily Mumbai Area (0940)
25'00 Daily 1496 Daily
11 Mumbai Area (1610)
Daily Kanpur (1410) 22' Daily 1341 Daily
12 Kanpur (1755) Daily Mumbai Area
(1545)
21'50" Daily 1341 Daily
13 Mumbai Area
(1415)
Daily Howrah
Area(1515)
25 Daily 1943 Daily
14 Howrah
Area(2240)
Daily Mumbai Area
(2340)
25 Daily 1943 Daily
15 Mumbai Area
(2300)
M, W, F Nanded (1000) 11‟00 TU, TH,
SA
610 Tri weekly
16 Nanded (2330) TU, TH,
SA
Mumbai Area
(1100)
11‟30 W, F, SU 610 Tri weekly
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 67
Cluster 2: Mumbai-2
S.
No
Station
From & Time
of departure
(hh:mm)
Days of
departure
Station To & Time of
Arrival (hh:mm)
Running
time (hrs)
Days of
Arrival
Distance
(km)
Frequenc
y per
week
1 Mumbai Central
(1600)
Daily New Delhi (0700) 15'00 Daily 1384 Daily
2 New Delhi (1445)
Daily Mumbai Central (0600) 15'15 Daily 1384 Daily
3 Mumbai Area
(2345)
Daily Ahmedabad Area
(0600)
6'15 Daily 483 Daily
4 Ahmedabad
Area (0740)
Daily Mumbai Area (1355) 6'15 Daily 483 Daily
5 Surat Area (700) Daily Mumbai Area (1000) 3'00 Daily 263 Daily
6 Mumbai Area
(1530)
Daily Surat Area (1830) 3'00 Daily 263 Daily
7 Mumbai Area
(1150)
Daily Vadodara (1605) 4'15 Daily 386 Daily
8 Vadodara (1805) Daily Mumbai Area (2300) 4'55'' Daily 386 Daily
9 Mumbai
Area(2330)
TU,F, SU Akola (1400) 14‟30” W,SA, M 713 Triweekly
10 Akola (1515) W,SA, M Mumbai Area (0505) 13'50" TU, TH, SU 713 Triweekly
11 Mumbai Area
(0610)
TH,F,SU,
TU
Nandurbar (1310) 7' TH,F,SU,T
U
410 4 days
12 Nandurbar (1550)
TH,F,SU,TU
Mumbai Area 2315 7'25" TH,F,SU,TU
410 4 days
13 Surat Area
(0820)
M Varanasi Area (0720) 23'00 TU 1370 Weekly
14 Varanasi Area
(0900)
TU Surat Area (0845) 23'45 W 1370 Weekly
15 Surat Area (0810)
F Patna (1300) 28'50'' SA 1679 Weekly
16 Patna (1445) S A Surat Area (1755) 27'10'' SU 1679 Weekly
17 Mumbai Area
(1525)
Daily Delhi Area (0640) 15'15" Daily 1384 Daily
18 Delhi Area (1325)
Daily Mumbai Area (0500) 15'35 Daily 1384 Daily
19 Indore (1425) M,W,TH,
SA
Danapur (1600) 25'35" TU,TH,F,S
U
1256 4 days
20 Danapur (1740) TU,TH,F,
SU
Indore (2030) 26'50" W,F,SA,M 1256 4 days
21 Mumbai Area(2000)
Daily Shirdi (0415) 8‟15” Daily 445 Daily
22 Shirdi (0750) Daily Mumbai area(1555) 8'05" Daily 445 Daily
23 Mumbai (2000) M, W, F Indore (1000) 14‟00 TU, TH, SA 830 Tri weekly
24 Indore (1700) TU, TH,
SA
Mumbai (0700) 14‟00 W, F, SU 830 Tri weekly
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 68
Cluster 3: Delhi-1
S.
No
Station
From & Time
of departure
(hh:mm)
Days of
departure
Station To &
Time of
Arrival
(hh:mm)
Running
time
(hrs)
Days of
Arrival
Distance (km) Frequency
per week
1 New Delhi
(0750)
Daily New Rishikesh
(1300)
5'10 Daily 273 Daily
2 New
Rishikesh (1540)
Daily New Delhi
(2050)
5'10 Daily 273 Daily
3 Indore (2355) Daily Delhi Area
(1100)
11'05" Daily 834 Daily
4 Delhi Area (1300)
Daily Indore (2345) 10'45" Daily 834 Daily
5 New Delhi
(2315)
Daily Varanasi Area
(1100)
11'45'' Daily 755 Daily
6 Varanasi Area (1815)
Daily New Delhi (0600)
11'45'' Daily 755 Daily
7 Anand Vihar
(2310)
Daily Darbhanga
(2100) via BSB-CPR
21'50 Daily 1162 Daily
8 Darbhanga
(2345) via
BSB-CPR
Daily Anand Vihar
(2015)
20'30" daily 1162 Daily
9 Anand
Vihar(1500)
Daily Badgam (0750) 16'50" Daily 930 Daily
10 Badgam
(1400)
Daily Anand
Vihar(0700)
17' Daily 930 Daily
11 Lucknow Area
(1615)
Daily Delhi Area
(2250)
6'35 Daily 523 Daily
12 Delhi Area (0520)
Daily Lucknow Area (1150)
6'30'' Daily 523 Daily
13 Delhi Area
(1615)
Daily Sabarmati
(0530)
13'15 Daily 913 Daily
14 Sabarmati (1620)
Daily Delhi Area (0520)
13'30 Daily 913 Daily
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 69
Cluster 4 : Delhi-2
S.
No
Station
From &
Time
of departure
(hh:mm)
Days of
departure
Station To &
Time of
Arrival
(hh:mm)
Running
time (hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 Delhi Area
(2225) Daily
Udaipur
(1000) 11'35 Daily 734 Daily
2 Udaipur
(1615) Daily
Delhi Area
(0400) 11'45 Daily 734 Daily
3 Guwahati
(0830) Daily
Delhi Area (1130)
27'00 Daily 1915 Daily
4 Delhi Area
(1500) Daily
Guwahati
(1800) 27'00 Daily 1915 Daily
5 Barauni
(1400) Daily
Anand Vihar
(1200) 22'00'' Daily 1097 Daily
6 Anand Vihar
(1530) Daily
Barauni
(1300) 21'30" Daily 1097 Daily
7 Pune Area
(1800) Daily
Delhi Area
(1320) 19'20'' Daily 1522 Daily
8 Delhi Area
(1520) Daily
Pune Area
(1100) 19'40'' Daily 1522 Daily
9 Kathgodam
(2330) Daily
Delhi
(0545) 6'15" Daily 281 Daily
10 Delhi Area
(0905) Daily
Kathgodam
(1345) 4'40 Daily 281 Daily
11 Delhi Area
(2230) Daily
Jodhpur
(0900) 10‟30 Daily 620 Daily
12 Jodhpur
(2230) Daily
Delhi
(0900) 10‟30 Daily 620 Daily
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 70
Cluster 5: Chandigarh
S.
No
Station
From &
Time
of departure
(hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time (hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 Delhi Area
(1725) Daily
Amritsar Area
(2300) 5'35" Daily 432 Daily
2 Amritsar
Area (0900) Daily
Delhi Area
(1440) 5'40" Daily 432 Daily
3 New Delhi
(0630) Daily
Chandigarh
(0930) 3' Daily 266 Daily
4 Chandigarh
(1015) Daily New Delhi (1315) 3' Daily 266
5 New Delhi
(1400) Daily
Chandigarh
(1700) 3' Daily 266 Daily
6 Chandigarh
(1755) Daily New Delhi (2055) 3' Daily 266 Daily
7 Lucknow
(2105) Daily
SVDK -Katra
(1530) 18'25'' Daily 1055 Daily
8 SVDK-
Katra(2130) Daily Lucknow (1430) 18'00 Daily 1055 Daily
9 Amritsar
Area (0500) W, SU, F Faizabad(2215) 17‟15” W, SU, F 977 Triweekly
10 Faizabad (0500)
TH, M, SA Amritsar Area
(2100) 16‟
TH, M, SA
977 Triweekly
11 Varanasi
(0730) Daily
Bhatinda
(0500) 21‟30” Daily 1108 Daily
12 Bhatinda (0700)
Daily Varanasi (0400)
21‟ Daily 1108 Daily
13 Nagpur
(1230) Daily
Chandigarh
(0810) 19‟40” Daily 1352 Daily
14 Chandigarh
(1415) Daily
Nagpur (1140)
21‟25” Daily 1352 Daily
15 Bhopal Area
(1800) Daily
Mumbai Area
(0930) 15‟30” Daily 918 Daily
16 Mumbai Area
(1030) Daily
Bhopal Area
(2330) 13‟20” Daily 918 Daily
17 Bhopal Area
(1755) W,SU,F
Pune Area
(0820) 14'35" TH,M,SA 905 Triweekly
18 Pune Area
(1520) TH, M,SA
Bhopal Area
(0415) 12'55'' F, TU, SU 905 Triweekly
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 71
Cluster 6: Howrah
S.
No
Station
From & Time
of departure
(hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time
(hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 Raanchi
(0600) via Purlia Daily
Howrah Area (1300)
7'00 Daily 461 Daily
2 Howrah Area
(1430) Daily
Ranchi
(2200) 7'30 Daily 461 Daily
3 Howrah Area
(1810) TU, F Pune (2055) 26'45 W, SA 2020 Biweekly
4 Pune
(0655) TH, SU
Howrah Area
(1100) 28'05 F, M 2020 Biweekly
5 Howrah (1545)
Daily Chennai (1730)
25'45 Daily 1662 Daily
6 Chennai
(2000) Daily
Howrah
(2200) 26'00 Daily 1662 Daily
7 Puri
(2130) M, W, F
Howrah Area (0430)
7‟ TU, TH,
SA 525 Triweekly
8 Howrah Area
(2040) TU, TH, SA
Puri
(0415) 7‟35” W, F , SU 525 Triweekly
9 Puri (0600) Su Howrah Area
(1320) 7'20 SU 525 Weekly
10 Howrah Area
(1500) Su
Puri
(2220) 7'20 Su 525 Weekly
11 Howrah Area
(0530) TU, TH, SA
Ranchi (1220)
6'50" TU, TH,
SA 525 Triweekly
12 Ranchi (1305) TU, TH, SA Howrah Area
(1955) 6'50"
TU, TH,
SA 461 Triweekly
13 New Bongaigaon
(0520) M, TH, SA
Howrah (1830)
13'10 M, TH,
SA 812 Triweekly
14 Howrah (0700)
TU, F, SU New Bongaigaon
(2030) 13'30 TU, F, SU 812 Triweekly
15 Howrah (1635)
Daily Anand Vihar
(0900) 16'00 Daily 1445 Daily
16 Anand Vihar
(1305) Daily
Howrah
(0600) 16'55 Daily 1445 Daily
17 Howrah
(2240) TU,TH,SA
Varanasi Area
(1045) via Patna 12'05'' W,F,SU 764 Triweekly
18 Varanasi Area
(1610) W,F,SU
Howrah
(0500) 12'50''
TH, SA,
M 764 Triweekly
19 Sealdah
(2350) SU, W, F
Guwahati
(1700) 17'10
M, TH,
SA 1020 Triweekly
20 Guwahati
(2100) M, TH, SA
Sealdah
(1330) 16'30 TU, F, SU 1020 Triweekly
21 Howrah (1435) Daily Bhagalpur
(2210) 7'35" Daily 425 Daily
22 Bhagalpur
(0625) Daily
Howrah (1405)
7'35" Daily 425 Daily
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 72
Cluster 7 : Patna
S.
No
Station
From & Time
of departure
(hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time (hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 New Delhi
(1230) Daily
Patna
(2330) 11'00 Daily 998 Daily
2 Patna
(2200) Daily
New Delhi
(1000) 12'00 Daily 998 Daily
3 Gaya
(2035) M,W,F
Anand Vihar (0740)
11'05 TU,TH,S
A 989 Triweekly
4 Anand Vihar
(1230) Tu,TH,SA
Gaya
(2350) 11‟20 W,F,SU 989 Triweekly
5 Patna
(2310)
F ,
M
Mumbai Area
(0400) 28‟50
SU,
W 1693 Biweekly
6 Mumbai Area
(1415) SU, W
Patna (1700)
26'45"
M, TH
1693 Biweekly
7 Darbhanga
(1645) SA
Mumbai Area (0745)
39' M 2211 Weekly
8 Mumbai Area
(1245) M
Darbhanga
(0430) 39‟45 W 2211 Weekly
9 Darbhanga
(1100) W
Guwahati (0430)
17'30 TH 904 Weekly
10 Guwahati
(1130) TH
Darbhanga
(0430) 17' F 904 Weekly
11 Patna Area
(2330)
M ,TU, TH, SA,
SU
Bangalore Area
(1715) 41'45"
M ,TU, W, TH,
SA,
2305 5 days
12 Bangalore Area
(2315)
M ,TH,
W, F, SA,
Patna Area
(1650) 41'35"
M ,, W, ,
F, SA, SU, 2305 5 days
13 Gorakhpur
(2035) W,F
Bangalore Area
(1715) 44'40" F,SU 2434 Biweekly
14 Bangalore Area
(2315) TU,SU
Gorakhpur (2020)
45'05" TH, TU 2434 Biweekly
15 Patna
(2310) SA, TU
Pune Area (0515)
30'25 M, TH 1755 Biweekly
16 Pune Area
(0705) M, TH
Patna
(1330) 30'05 TU, F 1755 Biweekly
17 Asansol
(1945) F
Surat Area
(0900) 37'15" SU 1845 Weekly
18 Surat Area
(2350) SU
Asansol
(0900) 33'10" TU 1845 Weekly
19 Asansol
(1915) TU, W
PURI
(0550) 10'35" W, TH 596 Biweekly
20 PURI
(0700) W, TH
Asansol
(1730) 10'30" W, TH 596 Biweekly
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 73
Cluster 8 Prayagraj
S.
No
Station
From & Time
of departure
(hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time
(hrs)
Days of
Arrival
Distanc
e
(km)
Frequency
per week
1 PrayagrajArea (2330) TH, SU Mumbai Area (1850) 19'20'' F, M 1350 Biweekly
2 Mumbai Area (2305) F, M PrayagrajArea (1800) 18'55'' SA, TU 1350 Biweekly
3 PrayagrajArea(0700) M, W Ahmedabad (0420) 2120 TU,TH 1377 Biweekly
4 Ahmedabad (0650) TU,TH PrayagrajArea(0600) 23'10 W,F 1377 Biweekly
5 PrayagrajArea(1400) F Puri (1030) 20'30 SA 1162 Weekly
6 Puri (1400) SA PrayagrajArea(1050) 20'50 SU 1162 Weekly
7 Kanpur (1840) Daily New Delhi (2300) 4'20 Daily 440 Daily
8 New Delhi (0520) Daily Kanpur (0925) 4'05 Daily 440 Daily
9 Ambala (1915) Daily Manduadih(1020) 15‟05” Daily 953 Daily
10 Manduadih (2100) Daily Ambala (1130) 14‟30” Daily 953 Daily
11 PrayagrajArea(2220) M,W,F Pune Area (2100) 22‟40 TU,TH,SA 1415 Triweekly
12 Pune Area (2220) TU,TH,SA PrayagrajArea(2100) 22‟40 W,F,SU 1415 Triweekly
13 Gorakhpur (0700) TU,SU,TH Mumbai Area (1645) 33'45" W, M, F 1960 Triweekly
14 Mumbai Area (1750) W, M,F Gorakhpur (0600) 36'10'' F, W, SU 1960 Triweekly
15 Prayagraj Area
(1900)
TU, SA Bangalore Area (0700) 36' M, TH 1928 Biweekly
16 Bangalore Area
(1530)
TH, M PrayagrajArea(0420) 36'50" W, SA 1928 Biweekly
17 Pune (1030) SU Dibrugarh (0530) 67' W 3449 Weekly
18 Dibrugarh (0945) W Pune (0430) 66'45" SA 3449 Weekly
19 Bhopal Area (1700) W Agartala (2130) 52'30" F 2491 Weekly
20 Agartala (1400) SA Bhopal Area (1710) 51'10" M 2491 Weekly
21 Agartala (2350) F Karimganj (0400) 4‟10 SA 205 Weekly
22 Karimganj(0700) SA Agartala (1045) 3‟45 SA 205 Weekly
23 Bhopal Area (2000) M Rajkot (1400) 18' TU 940 Weekly
24 Rajkot (1600) TU Bhopal Area (0845) 16'45" W 940 Weekly
25 Jhansi (1725) TH, SA, M Mumbai Area (T)
(1300)
19'35" F, SU, TU 1213 Triweekly
26 Mumbai Area (T) (1410)
F, SU, TU Jhansi (1000) 19'50" SA, M, W 1213 Triweekly
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 74
Cluster 9: Secunderabad
S.
No
Station
From & Time of
departure (hh:mm)
Days of
departure
Station To &
Time of Arrival
(hh:mm)
Running
time (hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 Secundrabad Area (1945)
Daily Srikakulam Via VSKP area (0930)
13'45 Daily 773 Daily
2 Srikakulam via
VSKP area (1500)) Daily
Secundrabad Area
(0500) 14‟00 Daily 773 Daily
3 Secundrabad (0600) Daily Tirupati (1815) 12'15" Daily 700 Daily
4 Tirupati (0840) Daily Secundrabad
(2055) 12'15'' Daily 700 Daily
5 Guntur (2330) Daily Secundrabad
(0415) 4'45'' Daily 304 Daily
6 Secundrabad (2330) Daily Guntur (0415) 4‟45” Daily 304 Daily
7 Guntur (0600) daily Kurnool (1400) 8' daily 387 daily
8 Kurnool (1450) Daily Guntur (2230) 7'40" Daily 387 Daily
9 Tirupati (2200) Via
Secundrabad M,Thu Varanasi (0745) 33'45 W,Sa 2005 Biweekly
10 Varanasi (0945) via Secundrabad
W, Sa Tirupati (2100) 35'15 Th, Su 2005 Biweekly
11 Secundrabad (2225) SU,W,F Mumbai Area
(9'45'') 11'20''
M,TH,
SA 810 Triweekly
12 Mumbai Area (2335) TU, TH,
SA Secundrabad(1120) 11'45
W, F,
SU 810 Triweekly
13 Mumbai Area (1545) M Aurangabad (2145) 6'00 M 355 Weekly
14 Aurangabad (0615) TU Mumbai Area
(1225) 6'10 TU 355 Weekly
15 Visakhapatnam
(0840) Daily Vijaywada (1445) 6'05'' Daily 377 Daily
16 Vijaywada (1600) Daily Visakhapatnam (2205)
6'05'' Daily 377 Daily
17 Visakhapatnam
(1945) M, W, SA
Bangalore Area
(1230) via
Renugunta
16'45'' TU, TH,
SU 990 Triweekly
18 Bangalore Area (1800)
TU, TH, SU
Visakhapatnam (1155)
17'55'' W, F, M 990 Triweekly
19 Howrah Area (1840) Daily Secundrabad Area (2000')
25'20 Daily 1577 Daily
20 Secundrabad Area
(0500) Daily
Howrah Area
(0630) 25'30 Daily 1577 Daily
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 75
Cluster 10: Jaipur
S.
No
Station
From &
Time of
departure
(hh:mm)
Days of
departure
Station To &
Time of
Arrival
(hh:mm)
Running
time (hrs)
Days of
Arrival Distance (km)
Frequency
per week
1 Ajmer
(1700) Daily
Mumbai Area
(0815) 15'15" Daily 963 Daily
2 Mumbai Area
(1455) Daily Ajmer (0600) 15'05" Daily 963 Daily
3 Jaipur
(1915) M, SA, W
Mumbai Area
(1050) 15'35
TU, SU,
TH 1156 Biweekly
4 Mumbai Area
(1245)
TU, SU,
TH Jaipur (0415) 15‟30” W, M, F 1156 Biweekly
5 Delhi Area
(1350) Daily Ajmer (2000) 6'10 Daily 440 Daily
6 Ajmer
(0520) Daily
Delhi Area
(1145) 6'25 Daily 440 Daily
7 Bangalore
Area (1130) W
Jaipur
(0430) 41'00 F 2334 Weekly
8 Jaipur (2315)
SU Bangalore
Area (1615) 44'00 TU 2334 Weekly
9 Jaipur (0910) F Jaisalmer
(2100) 11'50" F 699 Weekly
10 Jaisalmer
(2210) F Jaipur (0950) 11'50" SA 699 Weekly
11 Jaipur (1820) Daily SVDK (1135) 17'15" Daily 953 Daily
12 SVDK (2255) Daily Jaipur (1440) 15'45" Daily 953 Daily
13 Kota (0620) Daily Ajmer (1230) 6'10 Daily 374 Daily
14 Ajmer (1430) Daily Kota (2015) 5'45 Daily 374 Daily
15 Jodhpur area
(1100)
Exc. TU,
SU
Chennai
(0415) 41'15''
Exc.
TH, TU 2504 5 days
16 Chennai
(0615)
Exc. TH,
TU
Jodhpur area
(2330) 41'15''
Exc. SA,
TH 2504 5 days
17 Jodhpur area
(1400) Exc SA
Sabarmati
(2240) 8'40" Exc. SA 453 6 days
18 Sabarmati
(2330) Exc. SA
Jodhpur area
(0830) 9' Exc. SU 453 6 days
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 76
Cluster 11 Chennai
S.
No
Station
From & Time of
departure (hh:mm)
Days of
departu
re
Station To & Time
of Arrival
(hh:mm)
Running
time
(hrs)
Days of
Arrival
Distance
(km)
Frequency
per week
1 Chennai Area (1600) Daily Madurai (2215) 6'15" Daily 466 Daily
2 Madurai (0600) Daily Chennai Area
(1220) 6'20" Daily 466 Daily
3 Chennai (1550) TH, SU Mumbai Area
(1500) 23'10 F, M 1212 Biweekly
4 Mumbai Area (1845) M , F Chennai (1710) 22'25 TU, SA 1212 Biweekly
5 Chennai (1910) TU Mangalor Jn. (1100) 15'50" W 889 Weekly
6 Mangalor Jn. (1705) W Chennai (0830) 15'35" TH 889 Weekly
7 Puducherry Via Chennai (1440)
Daily Secundrabad Area (0740)
17' Daily 894 Daily
8 Secundrabad Area
(2010) Daily
Puducherry Via
Chennai (1240) 16'30" Daily 894 Daily
9 Chennai (1400) Daily Coimbatore (2030) 6'30'' Daily 496 Daily
10 Coimbatore (0500) Daily Chennai (1145) 6'45'' Daily 496 Daily
11 Tirunelveli (2330) Daily Chennai Area
(0930) 10' Daily 624 Daily
12 Chennai Area (1755) Daily Tirunelveli (0400) 10'05 Daily 624 Daily
13 Tirunelveli (0500) Daily Coimbatore (1220) 7'20" Daily 459 Daily
14 Coimbatore (1400) Daily Tirunelveli (2130) 7'30" Daily 459 Daily
15 Chennai Area (1715) Daily Tiruchchirapalli
(2130) 4'15" Daily 311 Daily
16 Tiruchchirapalli
(0600) Daily
Chennai Area
(1020) 4'20" Daily 311 Daily
17 Chennai Area (1645) Daily Kanniyakumari
(0430) 11'45" Daily 712 Daily
18 Kanniyakumari
(2130) Daily
Chennai Area
(0920) 11'50" Daily 712 Daily
19 Kanniyakumari
(0600) Daily Ernakulam (1200) 6'00 Daily 310 Daily
20 Ernakulam (1400) Daily Kanniyakumari
(2030) 6'00 Daily 310 Daily
21 Chennai (0600) Daily Delhi Area (0900) 27' Daily 2184 Daily
22 Delhi Area (1535) Daily Chennai (2000) 28'25 Daily 2184 Daily
23 Kochuveli (1430) TH, F,
SA Guwahati (0400) 61‟30”''
M, TU,
SU 3472 Triweekly
24 Guwahati (2350) SU, M, TU
Kochuveli (1510) 63'20 TH, F, W 3472 Triweekly
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 77
Cluster 12 Bengaluru
S.
No
Station
From &
Time of
departure
(hh:mm)
Days of
departure
Station To &
Time of
Arrival
(hh:mm)
Running
time
(hrs)
Days of
Arrival Distance (km)
Frequency
per week
1 Bangalore
Area (1215) SU, M, W
Guwahati
(2245) via Dharmavaram
58‟30‟‟ Tue,Wed,,Fri 3183 Triweekly
2 Guwahati
(2350) W,Th,SA
Bangalore Area (0900)
57‟10” Sa,SU,TU 3183 Triweekly
3 Mysuru
(1900) Daily
Bhubaneswar
(2230) 27‟30” Daily 1672 Daily
4 Bhubaneswar
(0400) Daily Mysuru(0615) 26‟15” Daily 1672 Daily
5 Delhi Area
(2115) Daily
Bangalore Area (0500)
32'45 Daily 2380 Daily
6 Bangalore
Area (2015) Daily
Delhi Area
(0520) 33'05 Daily 2380 Daily
7 Howrah Area
(0800) Daily
Bangalore
Area (1650) via
Dharmavaram
32'50'' Daily 1932 Daily
8 Bangalore
Area (2345) Daily
Howrah Area
(1000) 34‟15” Daily 1932 Daily
9 Ranchi Area
(0600) W, SA
Bangalore Area (1500)
33' TH, SU 1852 Biweekly
10 Bangalore
Area (1800) TH, SU
Ranchi Area
(0400) 34‟ SA, TU 1852 Biweekly
RFQ for PPP in Passenger Train Operations Cluster 9 (Secunderabad) 78
APPENDIX-VIII
List of Application-specific provisions$
A. Clauses with currency-based footnotes
1. Introduction
2. Clause 1.2.4: Brief description of Bidding Process.
3. Clause 2.2.1 (c): Eligibility of Applicants.
4. Clause 2.2.4: Eligibility of Applicants.
5. Clause 2.3.2: Change in composition of the Consortium.
6. Clause 2.10.3: Amendment of RFQ.
7. Clause 2.19.1 (g): Test of responsiveness.
Note: The above footnotes marked “$” shall not be deleted. They shall remain in
the RFQ to be issued to prospective Applicants.
B. Appendices with non-numeric footnotes
All non-numeric footnotes in the Appendices shall be retained in the respective
Appendices for guidance of the Applicants. These shall be omitted by the
Applicants while submitting their respective Applications.
C. Appendices where curly brackets are used
1. Appendix IV: Joint Bidding Agreement: Recitals 3 and 4; Clauses 4 and 6.
Note: The curly brackets should be removed after the provisions contained therein
are suitably addressed by the Applicants.
D. Appendices with blank spaces
All blank spaces in the Appendices shall be retained in the RFQ. These shall be
filled up when the format of the respective Appendix is used.
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